Legal Opinion

Harper v. Poway Unified School District

Court of Appeals for the Ninth Circuit

Decided April 20, 2006No. 04-57037PublishedCited by 40 opinions

1Opinion of the Court

REINHARDT, Circuit Judge.

May a public high school prohibit students from wearing T-shirts with messages that condemn and denigrate other students on the basis of their sexual orientation? Appellant in this action is a sophomore at Poway High School who was ordered not to wear a T-shirt to school that *1171read, “BE ASHAMED, OUR SCHOOL EMBRACED WHAT GOD HAS CONDEMNED” handwritten on the front, and “HOMOSEXUALITY IS SHAMEFUL” handwritten on the back. He appeals the district court’s order denying his motion for a preliminary injunction. Because he is not likely to succeed on the merits, we affirm the…

2Cases cited36 opinions

  1. Brown v. Board of EducationSupreme Court of the United States · 1954
  2. Tinker v. Des Moines Independent Community School DistrictSupreme Court of the United States · 1969
  3. Lemon v. KurtzmanSupreme Court of the United States · 1971
  4. Sherbert v. VernerSupreme Court of the United States · 1963
  5. Employment Div., Dept. of Human Resources of Ore. v. SmithSupreme Court of the United States · 1990

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3Cited by40 opinions

  1. Neil O'Brien v. John WeltyCourt of Appeals for the Ninth Circuit · 2016
  2. Hardwick Ex Rel. Hardwick v. HeywardCourt of Appeals for the Fourth Circuit · 2013
  3. Barr v. LafonCourt of Appeals for the Sixth Circuit · 2008
  4. Zamecnik v. Indian Prairie School Dist. No. 204Court of Appeals for the Seventh Circuit · 2011
  5. Mark Wynar v. Douglas County School DistrictCourt of Appeals for the Ninth Circuit · 2013

35 more not listed; retrieve them via the Exa API.

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