SLRC Case Law

Case Law

School Cases

U.S. Supreme Court Student Free Speech Decision (1969)

John F. Tinker and Mary Beth Tinker Minors, etc., et al, Petitioners, v. Des Moines Independent Community School District, et al.

393 U.S. 503

The starting point for almost all student free speech analysis.

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U.S. Supreme Court Student Free Speech Decision (1986)

Bethel School District No. 403 v. Fraser

478 US 675

Supreme Court case oft relied upon by School board attorneys. Important case to read and understand.

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U.S. Supreme Court Student Free Speech Decision (1988)

Hazelwood School District v. Kuhlmeier

484 US 260

Another important 1st Amendment "Free Speech" decision allowing schools greater latitude to censor student publications.

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3rd Circuit Court of Appeals Confederate Flag Clothing in Schools Decision (2002)

Sypniewski v. Warren Hills Regional Board of Education

307 F.3d 243

A helpful and persuasive decision, but unfortunately not binding on any Southern school districts.

Slip opinion and different formats from the 3rd Circuit Web site:

http://www.ca3.uscourts.gov/opinarch/013542a1.pdf
http://www.ca3.uscourts.gov/opinarch/013542.pdf
http://www.ca3.uscourts.gov/opinarch/013542.txt

Southern Poverty Law Center commentary on the Sypniewski case.

4th Circuit Court of Appeals - Early Case on Confederate Symbols in Schools (1988)

Crosby et al v. Holsinger et al

816 F. 2d 162 (C.A. 4 (Va) 1987) & 852 F.2d 801 (C.A. 4 (Va) 1988)

5th Circuit Court of Appeals - Early Case on Confederate Symbols in Schools (1975)

Augustus v. School Board of Escambia County, Florida

361 F. Supp. 383 (1973) & 507 F.2d 152 (C.A. 5 (Fla) 1975)

6th Circuit Court of Appeals - Early Case on Confederate Symbols in Schools (1972)

Melton v. Young

328 F. Supp. 88 (1971) & 465 F. 2d 1332 (C.A. 6 (Tn) 1972)

6th Circuit Court of Appeals Confederate Flag Clothing in Schools Decision (2001)

Castorina v. Madison County School Board

2001 FED App. 0064P (6th Cir.)

This Kentucky case in which the SLRC was involved has resulted in one of the most encouraging and significant decisions in recent years. This precedent has resulted in the repeal of Confederate clothing bans from many schools in the 6th Circuit since it was handed down.

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10th Circuit Court of Appeals Confederate Flag Decision (2000)

West v. Derby Unified School District No. 260

23 F. Supp. 2d 1223

A bad decision, but one you need to be aware of.

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11th Circuit Court of Appeals Confederate Flag Decision (1999) & (2000)

Denno v. School Board of Volusia County, Florida

182 F.3rd 780 (C.A. 11)

Read the 1999 decision...

xxx F.3rd xxx (C.A. 11 (Fla)

Read the 2000 decision...