United States Ninth Circuit

In a 42 U.S.C. section 1983 action challenging under the First Amendment a high school's decision that a music piece could not be played at a graduation ceremony because it could be seen as endorsing religion, judgment for defendants is affirmed where the district's action in keeping all musical performances at graduation entirely secular in nature was reasonable in light of the circumstances surrounding a high school graduation, and therefore it did not violate plaintiff's right to free speech.

Appellate Information

• Argued 01/22/2009
• Decided 09/08/2009
• Published 09/08/2009

Judges

• Before ROBERT R. BEEZER, RICHARD C. TALLMAN, and MILAN D. SMITH, JR., Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• W. TheodoreVander Wel, Vander Wel & Jacobson, Bishop & Kim, PLLC, Bellevue, Washington, for the appellant., Phylis Skloot Bamberger; Marc D. Stern; Zhubin Parang, Sonnenschein Nath & Rosenthal LLP; for amicus curiae American Jewish Congress., Ayesha N. Khan, Richard B. Katskee, Nancy Leong, for amicus curiae Americans United for Separation of Church and State., Steven W. Fitschen, Barry C. Hodge, Nathan A. Driscoll, for amicus curiae The National Legal Foundation., Francisco M. Negrón, Jr., Thomas E.M. Hutton, for amicus curaie National School Boards Association.


• For Appellees:
  
• Michael A. Patterson, Patterson Buchanan Fobes Leitch & Kalzer, PS, Seattle, Washington, for the appellees.