ANN ARBOR, Mich. (Michigan News Source) – Last week, Michigan News Source brought a story to you about Ann Arbor Public Schools (plus the principal and secretary of Skyline High School) being sued for allowing political speech from left-leaning student organizations and issues but not for the Skyline Republican Club who wanted to make an announcement on the PA system about opposing Proposition 3.

Michigan voters approved Proposal 3 on Tuesday, and it will codify reproductive and abortion rights into Michigan’s Constitution.

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After allowing other student clubs to use the PA system for morning announcements for causes like promoting Planned Parenthood, Roe vs. Wade, Democratic Congresswoman Debbie Dingle, Black Lives Matter, climate change and other issues, the school had told the Skyline Republican Club that their announcement was “too political.”

The Ann Arbor Public School system was sued by the Skyline Republican Club and by David Nielsen on behalf of his minor child, S.N., who is president of the Skyline Republican Club and a senior at the high school, citing violations of the First and Fourteenth Amendment and the Equal Access Act.

The Plaintiffs’ attorneys at Thomas More Law Center, a national nonprofit public interest law firm, asked for a temporary restraining order and it was granted by Federal District Court Judge Paul D. Borman. The judge ordered the Defendants to read the Skyline Republican Club’s announcement on Monday, November 7th.

The announcement said, “Are you interested in joining our efforts to protect the health of women and children? If proposal 3 is passed it would eliminate health and safety regulations, legalize late term and partial birth abortion, no longer require physicians to perform abortions and eliminate informed consent laws.” After that, they gave the club’s email address to contact them.

This announcement was altered from the original one submitted to the school. The Republican club took out the words “by joining us in our fight to defeat Proposal 3” at the end of the first sentence. This alteration had been submitted to the school but the Defendants still rejected it. However, this second version was the announcement that was read according to the judge.

In the judge’s order, it states that the Plaintiffs submitted information that said that even in the middle of this court case and the censoring of the Republican group, school officials and employees were organizing a student walkout scheduled for Monday, November 7th in coordination with NOW (National Organization of Women) in support of voting yes for Proposal 3. This additional information concerning the case was added to the lawsuit on November 4th in a Supplemental Declaration.

Also on November 4th, the Defendants filed a response to the Plaintiffs’ request for the emergency restraining order by saying that their announcement isn’t “free speech protected by the First Amendment” and that the announcement would violate the Michigan Campaign Finance Act which they say “prohibits Defendants from contributing to or expressly advocating for a ballot question or candidate for public office.” They argued that the Plaintiffs were not entitled to the temporary restraining order.

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The judge stated in his order that the restraining order was granted because the Plaintiffs showed a likelihood of success on the merits of the First Amendment claim and Borman also said that the Defendants were “well aware of the planned walkout from classes by students on behalf of the NOW student organization in support of Proposal 3” and noted the exigency of the circumstances to grant the restraining order for the Plaintiffs.

Borman concluded, “The Court finds that Defendants seek to silence Plaintiffs’ appropriate speech as to Proposal 3 by refusing to broadcast it with their morning announcements, while permitting students in favor of Proposal 3 to cut classes, and to demonstrate on school property in favor of Proposal 3.”

When the announcement was read on Monday, about 100 students walked out of class and marched one lap around the building in support of Proposal 3.

In a statement about the lawsuit, Superintendent Swift said, “We will continue to vigorously defend this case in court so that clarity in the district process in future situations is consistent with the Michigan Campaign Finance Act and other laws in ensuring the district maintains a viewpoint neutral position, without advocacy, on ballot proposals.”