United States Ninth Circuit

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Frudden v. Pilling, 12-15403

Dismissal of an action which alleged, among other things, that a public elementary school's mandatory uniform policy violated the First Amendment, is reversed and remanded, where: 1) the school policy compelled speech because it mandated the written motto on the uniform shirts; 2) the exemption for uniforms of nationally recognized youth organizations such as Boy Scouts and Girl Scouts on regular meeting days was content-based; and 3) the provisions implicated First Amendment protections, were subject to strict scrutiny review, but further evidence is required regarding the school's countervailing interests.

Appellate Information

  • Decided 02/14/2014
  • Published 02/14/2014

Judges

  • NGUYEN

Court

  • United States Ninth Circuit

Counsel