Harper v. Poway Unified School District: The Wrong Path to the Right Outcome?
Perlaky, Mark A.
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A case note looking at the case of Harper v. Poway Unified School District, where a high school student wished to wear a t-shirt to school that was derogatory towards homosexual students and was met with discipline by school officials. The note observes the 9th Circuit's holding that Harper had violated the "rights of others" prong of Tinker v. Des Moines Independent School District, while suggesting that the appellate court was not entirely correct in its holdings. The note then examines how other school speech cases, including Bethel School District No. 403 v. Fraser, and Hazelwood School District v. Kuhlmeier, could apply, which would allow the court to reach the same outcome.