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GUILES EX REL. GUILES v. MARINEAU

Docket Nos. 05-0327-CV(L), 05-0517-CV(XAP).

461 F.3d 320 (2006)

Zachary GUILES, by his father and next friend, Timothy GUILES; and by his mother and next friend Cynthia Lucas, Plaintiff-Appellant-Cross-Appellee, v. Seth MARINEAU, Kathleen Morris-Kortz, Douglas Shoik and Rodney Graham, Defendants-Appellees-Cross-Appellants.

United States Court of Appeals, Second Circuit.

Decided August 30, 2006.

Attorney(s) appearing for the Case

Stephen L. Saltonstall, Barr, Sternberg, Moss, Lawrence, Silver & Saltonstall, P.C., Bennington, VT (David J. Williams, Sleigh & Williams, St. Johnsbury, VT, of counsel; ACLU Foundation of Vermont, Inc., cooperating attorney), for Plaintiff-Appellant-Cross-Appellee.

Anthony B. Lamb, Burlington, VT (Mary L. Desautels, Lamb & Desautels, Attorneys at Law, P.C., Burlington, VT, of counsel), for Defendants-Appellees-Cross-Appellants.

Before CARDAMONE, POOLER, and SOTOMAYOR, Circuit Judges.

CARDAMONE, Circuit Judge.

This case requires us to sail into the unsettled waters of free speech rights in public schools, waters rife with rocky shoals and uncertain currents. Plaintiff Zachary Guiles, a 13-year-old student at Williamstown Middle High School (WMHS, Williamstown High School, or school) in Williamstown, Vermont, claims his right under the First Amendment to wear a T-shirt depicting President George W. Bush in an uncharitable light has been violated...

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