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 from speaking their convictions that homosexuality is sinful, summary judgment for the school board is affirmed where plaintiff's claim for nominal damages premised upon a "chill" on his speech did not present a justiciable controversy. (Amended opinion)

Appellate Information

• Decided 04/09/2008
• Published 04/09/2008

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.