A federal judge has ruled that an elementary school can keep a book by Rush Limbaugh out of the classroom - for now.
The father of Jason Gardner sued Montvale Elementary School after a teacher took Limbaugh's "The Way Things Ought To Be" away from his 9-year-old son during a reading period last month.Federal Judge James Turk denied the father's request for an injunction against the school, saying that because there were only four days left in the school year, continuing the ban would do no harm.
Teacher Bruce Bays said he confiscated the book after noticing a chapter entitled "Condom-Bungee Jumping, The New Diploma." The school agreed with Bays' action and banned Jason from reading the book.
Bays said he believed it was inappropriate for a fourth-grader to be reading about condoms as a way to prevent the spread of disease. The chapter is above the boy's comprehension level and could offend parents whose children might talk about it during class, he said.
Thomas Gardner argued that the school violated Jason's right to free speech and interfered with his right as a parent to determine what his child may read. Limbaugh, too, accused the school of censorship on his syndicated radio show.