(CN) – A New York man was wrongfully denied the opportunity to appear at a school career day to present alternatives to military life, a state appellate division ruled.
Anthony Macula was denied table access at Geneseo Central School to conduct “truth-in and counter-military recruitment speech.”
The trial court dismissed Macula’s petition that his free-speech rights were denied.
However, the Rochester-based appellate division reinstated his complaint, ruling that the appeals record did not contain sufficient evidence to determine whether the board of education violated his rights.
‘The record lacks evidence concerning what, if any, criteria respondents employ in determining who may present information at career days held at the school,” the judges wrote, remanding the case to the lower court for further proceedings.
Geneseo is in Livingston County, N.Y., between Buffalo and Syracuse.