In what is fast becoming a lightning-rod case for religious liberty advocates, a fifth-grade student with special needs in Killeen, Texas, had her handwritten Bible verses confiscated by school officials in what the American Center for Law and Justice (ACLJ) is calling a blatant act of religious viewpoint discrimination.
The student, described by her foster mother and legal advocates as a girl with a “vibrant faith,” had intended to share Bible verses with classmates as a gesture of kindness and encouragement. But according to an arresting timeline of events, what began as a quiet act of faith spiraled into a school-wide controversy marked by confusion, contradiction, and an alleged trampling of her constitutional rights.
On May 12, the student brought her handwritten verses to school and even offered one to the principal. But instead of encouragement or even neutrality, she was met with confiscation. The principal took all the verses and told the girl that they would be shared with others “having a bad day.” That never happened.
The following day, the student again attempted to share a verse—this time with her teacher—only to be told to stop. Despite being outside of instructional time, her gesture was reportedly met with alarm and disapproval. When the child’s foster mother contacted the school to clarify her daughter’s rights, she was told, in effect, that there was a district-wide ban on distributing religious material.
But as the ACLJ points out, the district failed to produce any specific policy that would justify a blanket prohibition. The policy cited—“Non-school Materials From Students”—simply states that students must get prior approval to distribute non-school content. According to constitutional precedent, that’s not enough to override a student’s First Amendment rights.
The ACLJ has responded with a formal demand letter, citing Supreme Court decisions like Tinker v. Des Moines which affirm that students do not “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.”
Crucially, Tinker established that student speech may only be restricted if it causes a “material and substantial disruption” to the educational process. A fifth-grader handing out Bible verses during recess or non-instructional periods doesn’t come close to meeting that standard.
Moreover, by leaving the distribution of religious materials up to a principal’s subjective discretion, the school opens itself up to viewpoint discrimination—something courts have repeatedly ruled unconstitutional. If a student can distribute non-religious messages (invitations, jokes, or personal notes), they must also be free to distribute religious messages under the same conditions.
This isn’t an isolated skirmish. The ACLJ is also litigating another high-profile case in Texas, defending Staci Barber, a teacher reprimanded for praying where students might see her. That case is now in federal appeals court.
Both matters point to a broader concern: that public school systems may be applying vague or selectively enforced policies that chill religious expression, especially when it comes from Christian students or staff.
