Late yesterday, a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit issued its decision (in typescript format) in the case. By a vote of 3-0, the panel enters a preliminary injunction allowing Nuxoll to wear the T-shirt. The majority, in an opinion by Circuit Judge Richard A. Posner in which Circuit Judge Michael S. Kanne has joined, views the issue of whether to grant a preliminary injunction as presenting a very close call. Circuit Judge Ilana Diamond Rovner, in an opinion concurring in the judgment, writes "I view this as a simple case." Judge Rovner's must-read opinion stands as a ringing endorsement of the First Amendment rights of young adults in a public school setting.
The web log for Prof. Duncan's Constitutional Law Classes at Nebraska Law-- "[U]nder our Constitution there can be no such thing as either a creditor or a debtor race. That concept is alien to the Constitution's focus upon the individual. In the eyes of government, we are just one race here. It is American. " -----Justice Antonin Scalia If you allow the government to take your liberty during times of crisis, it will create a crisis whenever it wishes to take your liberty.
Thursday, April 24, 2008
7th Circuit "Be Happy Not Gay" T-shirt Decision
From How Appealing: