Saturday, December 02, 2006

Poway To The Supreme Court?

Will the SCOTUS review the 9th Circuit's decision in Harper v. Poway Unified School District? Eugene Volokh reads some tea leaves.

Poway dealt with a school district which refused to allow an anti-gay student to wear a t-shirt saying "be ashamed, our school has embraced what God has condemned" in the wake of a school-sanctioned "day of silence" in opposition to anti-homosexual discrimination. There had been a history of tensions (including violence) revolving around the schools gay community that backgrounded the decision. The 9th Circuit rejected a first amendment challenge by the student and held that the school district's actions were legitimate. I believe opinion was right (if barely), but if the Supreme Court grants cert I doubt very much that they'll agree.


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