In plaintiff's 42 U.S.C. section 1983 suit challenging school district's prohibition on celebratory religious music at school-sponsored events for the purpose of maintaining a policy of complete religious neutrality, summary judgment for the school district is affirmed as the court did not err in concluding that December concerts are not public fora, and that the school district's interpretation of the policy was reasonably related to legitimate pedagogical concerns.
On Appeal from the United States District Court for the Eastern District of New Jersey
Opinion Filed November 24, 2009
Opinion by Sloviter, Circuit Judge
Counsel for Appellant: Christopher A. Ferrara, Robert J. Muise
Counsel for Appellee: Michael F. O'Neill, Purcell Ries Shannon Mulcahy & O'Neill, Robert B. Hoffman, Eckert Seamans Cherin & Mellott