Saturday, April 22, 2006

Case Law Development: Federal Ninth Circuit Says School May Ban “Homosexuality is Shameful” T-Shirt

The United States Ninth Circuit Federal Court of Appeals ruled on Thursday that a  a t-shirt with the words, “Be Ashamed, Our School Embraced What God Has Condemned” on the front and “Homosexuality Is Shameful” on the back can be banned from public schools.  The majority in the 2-1 decision said that the t-shirt can be banned because it is “denigrating” to homosexuals and their lifestyleand interfered with their right to learn. The parties in support of allowing students to wear the t-shirts had argued they were protected by the lst Amendment to the United States Constitution that guarantees freedom of speech. A copy of the majority_slip opinion may be obtained by clicking here.pdf  A copy of the dissenting slip opinion may be obtained by clicking here.pdf

http://lawprofessors.typepad.com/family_law/2006/04/case_law_develo_30.html

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