Appeals Court Sides With Cheerleaders in Kountze Litigation

A Texas state appeals court has affirmed a trial court’s determination that the religious speech contained in banners displayed by cheerleaders at football games was, in fact, protected speech. Thus, the court properly denied the school district’s argument that it was state-sponsored speech and the school district had a right and obligation to prevent it.   Even though the appeals court had previously deemed the case moot, the Texas Supreme Court had taken up the case, concluding that t