United States Sixth Circuit

In plaintiffs' suit against a county, a school board and other individuals, claiming that the banning of displays of the Confederate flag in the schools violated their First and Fourteenth Amendment rights, district court's grant of summary judgment in favor of the defendants is affirmed where: 1) the school officials reasonably forecast that permitting displays of the Confederate flag would result in substantial disruption of, or material interference with, the school environment; 2) plaintiffs' viewpoint discrimination argument is without merit; and 3) the dress code's provision banning displays of racially divisive symbols, and its application to the Confederate flag, is narrowly tailored to the state and school district's substantial interest in educating students in the public school system.

Appellate Information

• Argued 06/16/2010
• Decided 11/18/2010
• Published 11/18/2010

Judges

• CLAY

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Van R. Irion, Jonathan Swann Taylor