United States Sixth Circuit

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M.A.L. v. Kinsland, 07-1409

In an action involving the constitutionality of a public middle school's regulation of a student's leafleting, entry of a permanent injunction against the school and an award of nominal damages is reversed where: 1) the school hallways constituted a nonpublic forum; 2) the restrictions were reasonable and were not overbroad; 3) the heightened Tinker standard did not apply to the school's viewpoint-neutral time, place, and manner restrictions on speech, which were designed to prevent hallway clutter and congestion; and 4) the award could not stand without a constitutional violation.

Appellate Information

  • Decided 10/07/2008
  • Published 10/07/2008

Judges

  • Before: KEITH, DAUGHTREY, and ROGERS, Circuit Judges.

Court

  • United States Sixth Circuit

Counsel

  • For Appellees:
  • ARGUED:  Roy H. Henley, Thrun Law Firm, East Lansing, Michigan, for Appellant.  Byron J. Babione, Alliance Defense Fund, Scottsdale, Arizona, for Appellee.   ON BRIEF:  Roy H. Henley, Kirk C. Herald, Martha J. Marcero, Thrun Law Firm, East Lansing, Michigan, for Appellant.  Byron J. Babione, Benjamin W. Bull, Delia B. van Loenen, Alliance Defense Fund, Scottsdale, Arizona, Steven M. Jentzen, Steven M. Jentzen, P.C., Ypsilanti, Michigan, for Appellee.  Steven W. Fitschen, National Legal Foundation, Virginia Beach, Virginia, Francisco M. Negron, Jr., National School Board Association, Alexandria, Virginia, for Amici Curiae.
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