PINARD v. CLATSKANIE SCHOOL DISTRICT 6J
The Ninth Circuit Court of Appeals today released an amended order in PINARD v. CLATSKANIE SCHOOL DISTRICT 6J, No. 04-35574, a civil rights appeal. The panel consisted of Raymond C. Fisher, Ronald M. Gould and Carlos T. Bea, Circuit Judges.
FISHER, Circuit Judge:
This student speech case arises from a school district’s suspension of student athletes from its high school varsity basketball team. The students allege that the school district and various school officials violated their First Amendment free speech rights by suspending them in retaliation for speaking out against their coach. The district court granted summary judgment against the students, concluding that they were not engaged in a constitutionally protected activity because their speech did not involve a matter of public concern. In the alternative, the court concluded that the school district could constitutionally punish the students because their decision not to board a team bus and play in a regularly scheduled out-oftown game substantially and materially interfered with a school activity. We hold that the district court erred in adopting from the government employment context the public concern standard for determining whether the First Amendment protects student speech. Under the proper standard articulated in Tinker v. Des Moines Independent Community School District, 393 U.S. 503, 514 (1969), the students’ petition and complaints against the coach were protected speech because they could not reasonably have led school officials to forecast substantial disruption of or material interference with a school activity. However, we agree with the district court that the students’ refusal to board the bus was not protected by the First Amendment because, even if expressive conduct, it substantially disrupted and materially interfered with the operation of the varsity boys basketball program. The district court did not, however, consider the plaintiffs’ retaliation claims. We therefore reverse and remand for further proceedings consistent with this opinion. . . .
The court sua sponte has amended the opinion filed at 446 F.3d 964 (2006). The amended opinion is filed concurrently with this order. The parties may file petitions for rehearing based on the amended opinion. . . .