Eugene Volokh reports on the 9th Circuit’s just released decision in Harper v. Poway Unified School District. Short story of the ruling: A student wore a t-shirt which said on the front “Be Ashamed, Our School Embraced What God Has Condemned,” and on the back “Homosexuality is Shameful,” at school during the national “Day of Silence” (where gay and pro-gay students refuse to speak to protest against anti-gay prejudice and discrimination). The student was asked by the administration to take off his shirt; he refused and was sent to the principal’s office, but was not otherwise punished. The school has a history of altercations based on anti-gay prejudice, one of which culminated in a lawsuit. The student sued, alleging a violation of his civil rights (primarily First Amendment), but the 9th Circuit affirmed a district court ruling that upheld the school district’s action.

I’m still working my way through the ruling, but I will be commenting later tonight. I have a prospective student here at Carleton, and dinner to eat, but this case looks really interesting (even for non-legal geeks). I’ll let y’all know when I have a full analysis up.