Student punished for wearing anti-gay T-shirt appeals to 9th Circuit

CALIFORNIA — Attorneys for a student who was punished by Poway High School officials for wearing an anti-gay T-shirt to school are asking a federal appeals court to declare unconstitutional a school policy against offensive speech under which the student was punished.

The Alliance Defense Fund and Advocates for Faith and Freedom on March 25 filed their opening brief with the 9th U.S. Circuit Court of Appeals.

In February a federal district judge ruled for a second time that Tyler Chase Harper's freedom of speech and free exercise of religion rights were not violated when administrators punished him for wearing the T-shirt during the 2004 Day of Silence observation at the high school. The Day of Silence is an annual event to protest harassment of lesbian, gay, bisexual and transgendered students.

Tim Chandler, an ADF attorney for the Harpers, said the previous case did not consider the school district's policies, but focused only on Tyler's T-shirt.

 See Student punished for wearing anti-gay T-shirt appeals to 9th Circuit
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