Mary Frudden v. Kayann Pilling

OPINION

NGUYEN, Circuit Judge:

This case represents the latest First Amendment challenge to a public school’s mandatory student uniform policy. Six years ago, in Jacobs v. Clark County School District, 526 F.3d 419 (9th Cir.2008), we held that a public high school’s mandatory uniform policy survives First Amendment scrutiny. Relying on Jacobs, the district court here dismissed Mary and Jon Frudden’s claim that the mandatory uniform policy at their children’s public elementary school, the Roy Gomm Elementary School (“RGES”), violates the First Amendment.

However, the RGES uniform policy differs…