United States Seventh Circuit

In a case brought by a high school student alleging defendants-school district and officials violated his right to free speech by forbidding him to make negative comments at school about homosexuality, denial of a preliminary injunction is reversed with directions to enter a preliminary injunction which is limited to the application of the school's rule to a T-shirt that recites "Be Happy, Not Gay". Plaintiff was not entitled to a preliminary injunction against the rule at issue, but the school failed to justify the ban of that particular legend, though the fuller record that will be compiled in further proceedings may cast the issue in a different light.

Appellate Information

• Argued 04/04/2008
• Decided 04/23/2008
• Published 04/23/2008

Judges

• POSNER, Circuit Judge., Before POSNER, KANNE, and ROVNER, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Nathan W. Kellum (argued), Jonathan Scruggs, Alliance Defense Fund, Memphis, TN, for Plaintiff-Appellant.


• For Appellees:
  
• John F. Canna (argued), Canna & Canna, Orland Park, IL, for Defendants-Appellees.