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Constitutional Law

May 19, 2006

Schools Must Be Able to Limit Abusive Speech

Sometimes hard cases produce brilliant opinions. This certainly was true in the 9th U.S. Circuit Court of Appeals' recent decision in Harper v. Poway Unified School District, 2006 U.S. App. LEXIS 9879 (April 20, 2006). The issue was whether a school could punish a student for wearing a T-shirt that had a message expressing religious condemnation for homosexuality.

Erwin Chemerinsky

Dean and Jesse H. Choper Distinguished Professor of Law UC Berkeley School of Law

Erwin's most recent book is "Worse Than Nothing: The Dangerous Fallacy of Originalism." He is also the author of "Closing the Courthouse," (Yale University Press 2017).

By Erwin Chemerinsky
     
      Sometimes hard cases produce brilliant opinions. This certainly was true in the 9th U.S. Circuit Court of Appeals' recent decision in Harper v. Poway Unified School District, 2006 U.S. App. LEXIS 9879 (April 20, 2006). The issue was whether a school could punish a student for wearing a T-shirt that had a message expressing religious condemnation for homosexuality. Both J...

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