In a case concerning a high school's right to prevent a student from wearing an anti-gay T-shirt, the 9th Circuit took on the difficult First Amendment question of when student speech impinges on classmates' rights and touched on the long-contentious issue of whether sexual orientation provides the same basis for protection from persecution as race or religion. The majority opinion held that the shirt was substantially disruptive and an "impermissible intrusion on the rights of gay and lesbian students."
April 24, 2006 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
It was a minor aside — a footnote, in fact — to his dissent from a contentious opinion.
But one sentence from 9th Circuit Judge Alex Kozinski encapsulated his 95-page debate with frequent foil Judge Stephen Reinhardt on whether a Poway, Calif., high school could prevent a student from wearing an anti-gay T-shirt.
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