United States Sixth Circuit

In an action brought against a board of education by Christian student at a county high school claiming that speech codes prevented students in the county from speaking their convictions that homosexuality is sinful, summary judgment for the school board is reversed and remanded as: 1) the student's claim for nominal damages premised upon the "chill" on his speech during a school year presented a justiciable controversy; but 2) genuine issues of material fact prevented the circuit court from determining the merits of the free-speech claim.

Appellate Information

• Decided 10/26/2007
• Published 10/26/2007

Judges

• Before:  MOORE and COOK, Circuit Judges;  and ADAMS, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Joel L. Oster, Alliance Defense Fund, Leawood, Kansas, for Plaintiffs.  Winter R. Huff, Law Offices of John G. Prather, Somerset, Kentucky, for Defendants.  Sharon McGowan, American Civil Liberties Union, New York, New York, for Intervenors.   ON BRIEF:  Joel L. Oster, Kevin H. Theriot, Alliance Defense Fund, Leawood, Kansas, Benjamin W. Bull, Gary McCaleb, Alliance Defense Fund, Scottsdale, Arizona, for Plaintiffs.  Winter R. Huff, LAW Offices of John G. Prather, Somerset, Kentucky, Kimberly S. McCann, VanAntwerp, Monge, Jones & Edwards, LLP, Ashland, Kentucky, for Defendants.  Sharon McGowan, Kenneth Y. Choe, American Civil Liberties Union, New York, New York, David A. Friedman, Fernandez, Friedman, Haynes & Kohn, Louisville, Kentucky, for Intervenors.