Nurre v. Whitehead, No. 07-35867

In a 42 U.S.C. section 1983 action challenging under the First Amendment a high school's decision that a music piece could not be played at a graduation ceremony because it could be seen as endorsing religion, judgment for defendants is affirmed where the district's action in keeping all musical performances at graduation entirely secular in nature was reasonable in light of the circumstances surrounding a high school graduation, and therefore it did not violate plaintiff's right to free speech.

Read Nurre v. Whitehead, No. 07-35867

Appellate Information

Argued and Submitted January 22, 2009

Filed September 8, 2009

Judges

Opinion by Judge Tallman

Dissent by Judge Smith

Counsel

For Appellant:

W. Theodore Vander Wel, Vander Wel & Jacobson, Bishop & Kim, PLLC, Bellevue, WA

For Appellee:

Michael A. Patterson, Patterson Buchanan Fobes Leitch & Kalzer, PS, Seattle, WA