Noblesville High School freshman E.D. worked hard to bring Noblesville Students for Life (NSFL) and its life-affirming message to her school. She took a summer job to fund its launch, secured an adviser, and met with her principal. At least initially, the principal approved NSFL as one of the school's many student-interest clubs, which are "student-driven and student-led," and not school-sponsored. App.29a–30a. These noncurricular clubs could hang flyers in school common areas to promote non-school meetings and events; no written policy governed the flyers' content. Yet when E.D. asked for permission to post flyers advertising the first NSFL meeting, the school said no because the flyers contained a picture of students holding "Defund Planned Parenthood" signs. The school then revoked NSFL's recognition.

The Seventh Circuit upheld the school's censorship under Hazelwood School District v. Kuhlmeier, 484 U.S. 260 (1988), on the theory that a "reasonable observer could easily conclude that the flyers reflected the school's endorsement." App.13a. In so doing, it exacerbated a deep, longstanding circuit split over when Hazelwood's reduced speech protection applies.

The question presented is: Whether Hazelwood applies (1) whenever student speech might be erroneously attributed to the school, as the Fifth, Seventh, and Tenth Circuits have held; (2) when student speech occurs in the context of an "organized and structured educational activity," as the Third Circuit has held; or (3) only when student speech is part of the "curriculum," as the Sixth and Eleventh Circuits have held.

Whether Hazelwood applies when student speech might be erroneously attributed to the school, in the context of student-led clubs and flyer distribution