California Court of Appeal

In case involving student free speech rights in high school, judgment for defendants concluding that a student opinion editorial entitled "Immigration" was not protected speech under Education Code section 48907 since it constituted "fighting words," and that there was no infringement of the student's free speech rights since the opinion editorial was published, is reversed as "Immigration" was not speech likely to incite disruption within the meaning of section 48907 and defendant-district infringed plaintiff's rights by stating that the publication of "Immigration" violated the district speech policies.

Appellate Information

• Decided 05/22/2007
• Published 05/22/2007

Judges

• GEMELLO, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Pacific Legal Foundation, Sharon L. Browne, Paul J. Beard II, Arthur B. Mark III, Sacramento, Damien M. Schiff, Bellevue, WA, and Scott A. Sommerdorf for Plaintiffs and Appellants., Caldwell, Leslie, Newcombe & Pettit, Linda M. Burrow, Stephanie S. Christensen;  Christine P. Sun and Peter Eliasberg, Los Angeles, for ACLU Foundation of Southern California and the Student Press Law Center as Amici Curiae on behalf of Plaintiffs and Appellants.


• For Appellees:
  
• Law Offices of Dennis J. Walsh, Dennis J. Walsh and Stephan Birgel, Encino, for Defendants and Respondents.