United States Ninth Circuit

In this action, plaintiff-students were asked to remove clothing bearing images of the American flag after school officials learned of threats of race-related violence in response. Summary judgment in favor of defendant school district is affirmed, where: 1) school officials did not violate plaintiffs' rights to freedom of expression, due process, or equal protection; 2) given the history of prior events at the school, it was reasonable for school officials to proceed as though the threat of violence was real; and 3) school officials anticipated violence or substantial disruption with school activities, and their response was tailored to the circumstances.

Appellate Information

• Decided 09/17/2014
• Published 09/17/2014

Judges

• McKeown

Court

• United States Ninth Circuit

Counsel