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PECK v. BALDWINSVILLE CENTRAL SCHOOL DIST.

Docket No. 04-4950-CV.

426 F.3d 617 (2005)

Antonio PECK, a minor by and through his parents and next friends, JoAnne Peck and Kenley Lester Peck, Plaintiff-Appellant, v. BALDWINSVILLE CENTRAL SCHOOL DISTRICT, Catherine McNamara Elementary School, Robert Creme, individually, and in his official capacity as principal of Catherine McNamara Elementary School, and Theodore Gilkey, individually, and in his official capacity as Superintendent for Baldwinsville School Board of Education, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: October 18, 2005.

Attorney(s) appearing for the Case

Rena M. Lindevaldsen, Liberty Counsel, Longwood, FL (Matthew D. Staver, Erik W. Stanley, Anita L. Staver, and Mary E. McAlister, on the brief), Lead Counsel for Plaintiff-Appellant.

Brian Raum, The Gucciardo Law Firm, New York, NY, Local Counsel for Plaintiff-Appellant.

Louis Orbach, Bond, Schoeneck & King, PLLC, Syracuse, N.Y. (Lillian Abbott Pfohl, on the brief), for Defendants-Appellees.

Before: CALABRESI, KATZMANN, and B.D. PARKER, Circuit Judges.

CALABRESI, Circuit Judge.

This case invites us to cut a path through the thorniest of constitutional thickets — among the tangled vines of public school curricula and student freedom of expression.

Plaintiff-Appellant Antonio Peck ("Antonio"), by and through his mother ("JoAnne Peck") and father (collectively, "the Pecks"), filed this Section 1983 action against Antonio's school district, Baldwinsville Central School District, the principal of Antonio...

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