Walz Ex Rel. Walz v. Egg Harbor Township Board of Education

OPINION OF THE COURT

SCIRICA, Chief Judge.

In this appeal, we address whether an elementary school student has a First Amendment right to promote an unsolicited religious message during an organized classroom activity.

I

Daniel Walz was a student in pre-kin-dergarten in the spring of 1998. His school, like other elementary schools in Egg Harbor Township, held seasonal, in-class parties several times a year. Organized by teachers and students’ parents, the parties generally consisted of a parent-provided snack followed by games and activities. Significant for our purposes, there was usually an…