Saxe v. State College Area School District

OPINION OF THE COURT

ALITO, Circuit Judge:

The plaintiffs in this case challenge the constitutionality of a public school district’s “anti-harassment” policy, arguing that it violates the First Amendment’s guarantee of freedom of speech.1 The District Court, concluding that the policy prohibited no more speech than was already unlawful under federal and state anti-discrimination laws, held that the policy is constitutional and entered judgment for the school district. We reverse.

I

A

In August 1999, the State College Area School District (“SCASD”) adopted an Anti-Harassment Policy (“the Policy”).…