A Nevada family prevailed in federal appeals court as the court ruled it a violation of the First Amendment for a high school in Clark County to require students to wear shirts with the motto “Tomorrow’s Leaders.” The court said the policy required students to adopt a viewpoint they did not necessarily endorse. (Metropolitan News-Enterprise, February 18, 2014, by Michael J. Peil)
The Ninth Circuit U.S. Court of Appelas panel agreed with the family that the case was analogous to a case in New Hampshire in which the state required drivers to install license plates with the state slogan, “Live Free or Die.” The U.S. Supreme Court struck down the law in 1977. (Student Press Law Center, February 18, 2014, by Rex Santus)
Eugene Volokh, who represented the family pro bono, wrote that the Ninth Circuit had earlier upheld a policy requiring particular colors and styles in school uniforms but drew the line at requiring particular messages. The Court sent the case back to trial court to determine if there was a “compelling government interest” in mandating the message, a standard Volokh thought the school was unlikely to demonstrate. (The Volokh Conspiracy, February 14, 2014, by Eugene Volokh)