Bystrom ex rel. Bystrom v. Fridley High School

For the reasons discussed below, I concur in part and dissent in part.

First, I want to explain my view of the meaning of the phrase “invasion of the rights of others.” As was noted in Eisner v. Stamford Board of Education, 440 F.2d 803, 808 (2d Cir.1971), citing Tinker v. Des Moines Independent Community School District, 393 U.S. 503, 513, 89 S.Ct. 733, 740, 21 L.Ed.2d 731 (1969) (Tinker), “[t]he phrase ‘invasion of the rights of others’ is not a model of clarity or preciseness.” I agree that affirmance of the district court’s *760invalidation of Guideline E is mandated by this court’s decision…