Hernandez v. Hanson

DENNEY, District Judge.

This matter comes before the Court upon the cross-motions of the parties for summary judgment, declaring unconstitutional and in violation of the First and Fourteenth Amendments to the United States Constitution and enjoining the enforcement of policies and regulations of the School District of Omaha, Nebraska, which require students to obtain prior approval before distributing literature on behalf of non-school sponsored organizations within the Omaha public schools. The case was brought pursuant to 42 U.S.C. § 1983. Jurisdiction is based upon 28 U.S.C. §§ 1343(3) and…