Photo Credit: KAZUHIRO NOGI / AFP / Getty Images

A Kansas school blocked a seventh-grader from handing out fliers inviting students to join her in prayer at the school’s flagpole.

Fox News senior judicial analyst Andrew Napolitano called the school’s ban “so obviously wrong and misguided,” noting that students “theoretically” have the same constitutional rights as anyone else.

“Schools can restrain speech if the speech is disruptive,” Napolitano said. “But when the speech is not disruptive and when it’s especially protected by the Constitution, like speech about religion or speech about non-religion, they cannot interfere with it.”

The school issued a statement to Fox News outlining its policy, which prohibits the distribution of religious material on school property before, during and after the school day.

Napolitano says this is unconstitutional unless the school can show that the “mere distribution” interferes with school activity. Napolitano does not believe it has done so. (Read more about the child who was stopped from handing out fliers for religious event HERE)

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