First Amendment topicsAbout the First Amendment
Harper v. Poway Unified School District (2006)

Note The Court dismissed the case as moot because the petitioner had graduated. Nonetheless, the Court vacated the 9th Circuit decision.
IssueCan a public school prevent a student from wearing T-shirts with anti-gay messages? Does a public school engage in impermissible viewpoint discrimination by promoting a day of tolerance for gay and lesbian students while silencing a student with different political and religious views on the subject?
Lower Court 9th Circuit
Lower Court Ruling First Amendment claim denied
Opinion - Lower Court
Harper v. Poway Unified School District (9th Cir., 2006) (Kozinski, J., dissenting)

Harper v. Poway Unified School District (9th Cir., 2006) (Kozinski, j., dissenting)

Harper v. Poway Unified School District (9th Cir., 2006) (majority opinion per Reinhardt, J.)

Lyle Denniston, "Student Speech Case to Court," SCOTUS blog, Oct. 28, 2006

Alliance Defense Fund, "ADF attorneys appeal Poway T-shirt case to U.S. Supreme Court," Oct. 27, 2006

David Hudson, "Tinkering with Tinker standards?," FAC website, August, 9, 2006

Wendy Kaminer, "The American Liberal Liberties Union," Wall Street Journal, May 23, 2007, A-17
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