Las Vegas Sun

February 12, 2012

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Court dismisses suit over Foothill valedictorian’s speech

By Jean Reid Norman

Published Tuesday, March 24, 2009 | 10:22 a.m.

Updated Tuesday, March 24, 2009 | 5:30 p.m.

The 9th Circuit Court of Appeals has dismissed a federal lawsuit filed over an interrupted valedictory speech at Foothill High School in 2006.

Brittany McComb filed the lawsuit against Schools Superintendent Walt Rulffes, the school's principal and others after the microphone was unplugged during her speech at the school's graduation on June 15, 2006. The speech was stopped when she began talking about Jesus Christ and her Christian faith.

Administrators said she was proselytizing, which they had warned her not to do.

In a two-page memorandum, a panel of the appeals court dismissed the suit, saying the "defendants did not violate McComb's free speech and free exercise rights by preventing her from making a proselytizing graduation speech. Nor did they violate McComb's right to equal protection; they did not allow other graduations speakers to proselytize."

The ruling came before the case went to trial in federal district court, said attorney Joshua Reisman, who represented Rulffes and his co-defendants.

The ruling supported the policy that Foothill Principal Gretchen Crehan relied on when she decided to cut off the microphone during McComb's speech, Rulffes said. The policy was based on previous 9th Circuit Court rulings, he said.

"I was not too surprised," Rulffes said. "We know that this issue is emotionally charged on the part of many people. Our role is not to pass judgment on people's beliefs. Our role is to follow the laws in terms of graduation ceremonies. That's what the principal did, and that was validated by the court."

Attempts to reach McComb and her attorneys were unsuccessful.

As the result of the lawsuit, the School District considered whether student graduation speeches should be eliminated, Rulffes said. "We decided not to deny students that opportunity because of this case," he said.

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