Fed Appeals Court Dismisses Free Speech Case
National News
The US Court of Appeals for the Sixth Circuit Wednesday dismissed a lawsuit brought by Kentucky high school student Timothy Morrison against the Boyd County Board of Education over a 2004 policy that banned Morrison and other students from expressing their opposition to homosexuality. Judge Deborah L. Cook, in a 2-1 ruling, said that Morrison failed to show he had been harmed by the policy prior to the school district repealing the policy and also that winning the lawsuit, which sought $1 in damages, would not rectify the issue. Morrison sued the school district over a now-repealed policy that required students to undergo anti-harassment training. The school district changed the policy to exempt speech that would ordinarily be protected under the First Amendment. Wednesday's ruling reverses an earlier decision by the same Sixth Circuit panel allowing the case to proceed.
In another student free speech case, the US Supreme Court held last year in Morse v. Frederick that public schools do not violate the First Amendment rights of students by sanctioning them for speech during a school-sanctioned activity that may be reasonably interpreted to promote the use of illegal substances. A high school student was suspended after he displayed a banner with the message "Bong hits 4 Jesus" during a televised parade on a school day. The student subsequently sued his principal, arguing that the principal unreasonably restricted his right to free speech.
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Nicholas C. Minshew - Minshew & Ahluwalia LLP
Nicholas C. Minshew, Attorney at Law, concentrates his practice in the area of Family Law including divorce, separation, child support, child custody, alimony, division of property, separation agreements, domestic violence, prenuptial agreements, and child support enforcement & modification. Mr. Minshew provides legal services to clients in Washington, D.C., and throughout Maryland, including Montgomery County, Frederick County, and Prince George’s County. Mr. Minshew obtained his Juris Doctorate degree from the American University, Washington College of Law in 2000, where he worked as an editor for the Administrative Law Review. After receiving his law degree, Mr. Minshew worked as an attorney for the global law firm of Morgan, Lewis & Bockius LLP, and for Leonard Street & Deinard LLP representing companies in Federal proceedings. During that time, Mr. Minshew redirected his focus to provide legal services directly to individuals and families.