Student: School preventing me from forming pro-life club

High school student suing school for alleged denial of starting pro-life club. Officials say she needs faculty adviser to form official club

This is a rush transcript from "On the Record," August 17, 2015. This copy may not be in its final form and may be updated.

GRETA VAN SUSTEREN, FOX NEWS HOST: A Nevada teen now fighting back after her high school forbade her from starting a pro-life club.

Angelique Clark said she wanted to form the group but her school says abortion is too controversial. The very same school has a Bible group and Gay-Straight Alliance. The teen has teamed with a religious legal group and now they are filing suit.

Angelique and her attorney, Jocelyn Floyd, go "On the Record." Welcome to both of you.

ANGELIQUE CLARK, STUDENT SUING SCHOOL FOR ANTI-ABORTION CLUB DENIAL: Thank you.

JOCELYN FLOYD, ATTORNEY FOR HIGH SCHOOL STUDENT SUING SCHOOL: Thanks for having us.

VAN SUSTEREN: Angelique, first to you, tell me what did the school say to you when you said you wanted to start this pro-life group?

CLARK: Well, after I submitted the application I actually didn't hear back from them for many months. So I contacted my vice principal, and he sat me down and told me that the club would be too controversial, that pro-choice would feel left out, and that there were more qualified people than a sophomore to talk about abortion.

VAN SUSTEREN: Do you go to a private school or a public school?

CLARK: I go to a public school.

VAN SUSTEREN: And did the teacher say suppose there had been a club with the opposite viewpoint, a choice club, would that have been permitted, do you know?

CLARK: Yes. Based on the Equal Access Act you can have any club as long as there is another club that follows the guidelines.

VAN SUSTEREN: Jocelyn, you have filed for a motion for preliminary injunction. What are you seeking and on what grounds?

FLOYD: Well, what we have asked the court to do is require the school to approve the club, both long term and right away so the preliminary injunction says that she is being deprived of free speech rights, this is an irreparable harm. You can't fix it with money, you can't fix it with anything else. The only thing that fixes it is to approve her club and let the club exist. And the grounds that we base this on are both the first amendment, students have the right to speak just as much as adults do, and the Federal Equal Access Act, which was specifically enacted by Congress in 1984 to protect students' clubs when they have controversial or unpopular ideas to still be able to have clubs on campus.

VAN SUSTEREN: Angelique, I have a copy of your application -- applying for the club. Are there other students that support you? Do you have any idea whether you would get, you know, whether you would get students to join your club?

CLARK: Yes. I have 25 interested students already signed up for the club, which is actually ten more than necessary.

VAN SUSTEREN: Has the school indicated like maybe they thought they made the wrong decision and might want to back out and give you permission to start this club? Have they said anything in response to, for instance, the lawsuit?

CLARK: No, I haven't heard anything back from the administration yet.

VAN SUSTEREN: How about the teachers? Any of the teachers, have they said anything?

CLARK: No, they haven't.

VAN SUSTEREN: Let me get back to you Jocelyn, have you had any contact with the teachers directly or with the administration?

FLOYD: No. Back in May we sent what's known as a Demand Letter, which is a precursor to the lawsuit where we said hey, school, this is what the law says, this is what did you wrong, approve her club. And we heard absolutely nothing from them. And this is a strategy that we use across the country with all of our students for Life of America Club. And it's successful, and has been successful every time we have done it until this school. So, their silence is what led to the lawsuit. And at this point, I'm sure we will hear something from their lawyers but we haven't heard anything yet.

VAN SUSTEREN: Well, Angelique we will be watching this and Jocelyn as well, we'll see what happens with this lawsuit, whether or not they allow you to have this club at your school. Thank you, Angelique and Jocelyn as well.

CLARK: Thank you.

FLOYD: Thank you.