Bench Memos

This Day in Liberal Judicial Activism—April 20

2006—In Harper v. Poway Unified School District, a divided panel of the Ninth Circuit rules that the First Amendment permits schools to impose viewpoint-discriminatory restrictions on student speech. The case arose when Tyler Harper wore an anti-homosexuality T-shirt to his high school in response to the school’s sponsorship of a gay-rights event. The school ordered Harper not to wear the T-shirt. Judge Stephen Reinhardt’s majority opinion rules that schools may bar “derogatory and injurious remarks directed at students’ minority status such as race, religion, and sexual orientation.” As Judge Alex Kozinski argues in his dissent, the school district “may have been justified in banning the subject [of homosexuality] altogether by denying both sides permission to express their views during the school day.” But having permitted the pro-gay speech, the school can’t be allowed to gag other viewpoints. 

Harper’s complaint will be rendered moot when he graduates from high school. In March 2007, the Supreme Court will grant Harper’s petition for certiorari and vacate (i.e., wipe from existence) the Ninth Circuit’s ruling. 

Most Popular

Law & the Courts

Yes, There Was FBI Bias

There is much to admire in Justice Department inspector general Michael Horowitz’s highly anticipated report on the FBI’s Clinton-emails investigation. Horowitz’s 568-page analysis is comprehensive, fact-intensive, and cautious to a fault. It is also, nonetheless, an incomplete exercise — it omits half ... Read More
U.S.

Yes, Hillary Should Have Been Prosecuted

I know this is ancient history, but — I’m sorry — I just can’t let it go. When historians write the definitive, sordid histories of the 2016 election, the FBI, Hillary, emails, Russia, and Trump, there has to be a collection of chapters making the case that Hillary should have faced a jury ... Read More
Sports

Let the World Have Soccer

The United States of America did not qualify for the World Cup this year. Good for us. Soccer is corrupt, hyper-regulated, impoverished by a socialist-style fondness for rationing, and organized to strangle human flourishing. It is so dependent on the whims of referees that is in effect a helpless captive of the ... Read More