A Kansas seventh-grader has found herself banned from handing out handwritten fliers at her school, because they include Bible verses and ask friends to join her in prayer before the start of the day.

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Senior judicial analyst Judge Andrew Napolitano visited the Fox and Friends studio to discuss the legality of the ban, and whether or not the young woman has the constitutional right to pass out her materials.

"Students, theoretically, have the same constitutional rights as the rest of us," said Judge Nap, citing freedom of speech and freedom of religion as the two relevant rights in this particular case. "Schools can restrain speech if the speech is disruptive, but when the speech is not disruptive, and when it's especially protected in the constitution, like, speech about religion or speech about non-religion, they cannot interfere with it."

According to the school's policy, however, distribution of religious material is prohibited on school grounds, or in any school facility before, during or after the school day.

"That rule is unconstitutional unless they can show that the mere distribution of this literature interferes with the mission of the school," Napolitano responded. "But where there is no interference, or where the school is not able to show any interference, the default position is freedom of speech. The default position is freedom of religion."

That young woman is now represented by a lawyer who shares most of Napolitano's sentiments.

Hear the rest of the story in the segment above.

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