This amicus brief was filed in October 2012 in support of the Kountze Independent School District (KISD). The issue in the case arose after KISD hosted cheerleader banners with bible verses painted on them for the football team to run through during games. FFRF sent KISD a letter of complaint in September of 2012. The District adopted a new policy on banners and requested that the cheerleading squad stop putting bible verses on run-through banners. Several cheerleaders then brought a lawsuit against the District.
FFRF’s brief focused on the argument that the cheerleaders’ banners were not an exercise of free speech. The brief argued that the banners were government speech as they were displayed in a context implying school endorsement and because the school had effective control over the messages.