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).
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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