Bruce Lavine, as Next Friend of James Lavine James Lavine v. Blaine School District, a Municipal Corporation Tim Haney Dan Newell Karen Mulholland

While I agree with most of what Judge Kleinfeld says and therefore join his dissent, I do not share his bleak view of the effect of this decision on the rights of students in this circuit. I do not agree that the erroneous result arrived at in this case compels or authorizes this court, or district courts, in future cases, to uphold discipline that impinges on the First Amendment activities of students, even when those students are emotionally disturbed. I read the panel’s opinion essentially as approving only a brief suspension of a student pending determination of the existence of a safety…