Anti gay t shirt

School officials can restrict what students wear to avoidviolating the rights or well-being of vulnerable student populations like gaystudents, according to the decision handed down by the 9th U. Circuit Court ofAppeals. Robert Tyler, an attorneyrepresenting Harper in the case, said he will petition immediately for an en banc re-hearing, where the entirepanel of circuit judges is called to re-hear and rule on the appeal.

High school students file suit after administrators censored anti-gay T-shirt, they say

Harper was not suspended for wearing theT-shirt, but was asked by administrators to remain in the front office for therest of the day. He filed his lawsuit against the school district inJunealleging violations of his First Amendment right to religion and freespeech. The school district responded with a motion to dismiss the claims.

In the opinion, the 9th Circuit decision focused on aprovision from Tinker v. According to thedecision, gay students are more vulnerable to peer harassment that may affecttheir academic performance and well-being. Hazelwood School District v. Kuhlmeier ,a Supreme Court case that concluded the free speech rights of public schoolstudents are not necessarily the same as those of adults in othersettings.

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