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Judge Alex Kozinski dissented, believing that the school had committed viewpoint discrimination by promoting the Day of Silence but disallowing Harper’s speech. Dissenting judge said school committed viewpoint discrimination Reinhardt reasoned that students generally can speak on controversial issues and limited his holding “to instances of derogatory and injurious remarks directed at students’ minority status such as race, religion and sexual orientation.” He also rejected Harper’s other religion-based First Amendment claims. According to Judge Stephen Reinhardt, the “determinative issue” was “the impermissible intrusion on the rights of gay and lesbian students.” He focused on other language from the Tinker opinion that allows school officials to prohibit student speech that invades the rights of others: “Speech that attacks high school students who are members of minority groups that have historically been oppressed, subjected to verbal and physical abuse, and made to feel inferior, serves to injure and intimidate them, as well as to damage their sense of security and interfere with their opportunity to learn,” he wrote. However, the majority focused on another part of the Tinker standard. On appeal, a three-judge panel of the Ninth Circuit also rejected Harper’s claims for a preliminary injunction by a 2-1 vote. Judge said schools could prohibit speech that invaded others' rights The district court pointed to controversy and tension the previous year regarding another Day of Silence event. The Tinker standard provides that school officials can prohibit student expression if they can reasonably predict that the student speech will cause a substantial disruption of school activities. Des Moines Independent Community School District (1969).
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On the free speech claim-the major issue in the litigation-the district court reasoned that school officials could prohibit Harper’s clothing based on the Supreme Court’s standard in Tinker v. Lower courts rejected Harper's First Amendment claimsĪ district court rejected Harper’s claim for a preliminary injunction. Harper later filed a federal lawsuit, alleging violation of several constitutional rights, including First Amendment claims involving freedom of speech, free exercise, and the establishment clause.
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Harper’s teacher cited him with a dress code violation and sent him to the principal’s office, where he had to remain the rest of the school day.
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Harper wore T-shirts bearing messages such as “I WILL NOT ACCEPT WHAT GOD HAS CONDEMNED” and “HOMOSEXUALITY IS SHAMEFUL ‘Romans 1:27.’”
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Some students, including then-sophomore Tyler Harper, objected to the messages of this program on religious grounds. Poway High School in San Diego allowed the student club Gay-Straight Alliance to hold a “Day of Silence” at the school to teach students tolerance about sexual orientation. Harper sued school after being punished for wearing anti-gay shirt While the Supreme Court later vacated the lower court’s decision, it remains important because it examined an important-and still unanswered- question about when school officials can punish student speech that is deemed harmful to other students. The majority had reasoned that school officials could limit the student’s speech because it invaded the rights of gay and lesbian students. 2006), a federal appeals court ruled that school officials did not violate the First Amendment rights of a student whom they punished for wearing T-shirts with anti-gay messages. Poway Unified School District, 445 F.3d 1166 (9th Cir.