Legal Question in Constitutional Law in Nebraska

Re: Forced solicitation In a School

So long as children were not forced to violate their religious beliefs or the like, such commercial activity is not prohibited by the US constitution. If no taxpayer funds or the credit of the state were involved, neither is the state constitution violated by taking of school photos by a commerical photographer where the photographer then solicits private sales to students.

Nevertheless, if the solicitation claimed some endorsement of the photographer by the school district (I am assuming this is a public school)there may be a violation of state law, and perhaps the state constitution's restrictions on use of government credit/funds for private purposes. If the solicitation is misleading or false, it may be a violation of the deceptive trade practices act.

Most likely this is a matter, which may be within the bounds of the law, is nonetheless unwise. You should raise your concerns with the school board, and indicate that you expect the utmost in business ethics from someone allowed in the schools. If you feel the solicitation was deceptive or fraudulent, contact the Nebraska Attorney General's office.