April 30, 2002

OROVILLE, Calif. (AP) - A high school valedictorian whose 1999 graduation speech was barred because officials found it too religious has settled his federal lawsuit against the school for $59,000.

The March 19 settlement ended a legal feud that had earlier involved his brothers and reached the U.S. Supreme Court.

In early 1999, Jason Niemeyer proposed two speeches to officials at Oroville High School. One extolled the benefits of a relationship with Jesus Christ, while the other was religious but nonsectarian, U.S. District Judge Lawrence Karlton said.

School officials rejected both talks as sectarian. Niemeyer was not allowed to speak, lead the flag salute or participate in the graduation ceremony.

The settlement was reached after Karlton ruled a jury should decide whether Niemeyer's First Amendment rights were violated when he was barred from participating.

Niemeyer, now 20, suggested that the move was retaliation for his role in an earlier lawsuit filed by his older brother, Chris, and Ferrin Cole because school officials refused to let the pair deliver sectarian talks at the 1998 graduation.

In that suit, Karlton sided with the school. The Supreme Court turned down an appeal last year.

AP-ES-04-30-02 1509EDT

http://ap.tbo.com/ap/breaking/MGA9Z825O0D.html