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STUDENT COALITION FOR PEACE v. LOWER MERION SCHOOL

No. 85-1092.

776 F.2d 431 (1985)

STUDENT COALITION FOR PEACE, on behalf of its members and other high school students enrolled in the Lower Merion High School, by its spokesperson, Harold Wolpert, Appellants, v. LOWER MERION SCHOOL DISTRICT BOARD OF SCHOOL DIRECTORS, Paul C. Heintz, Anne M. Smith, Ray W. Nelson, Jr., Reaves C. Lukens, Jr., Henry C. Lucas III, Regina B. Cohen, John P. Giangiullo, Roger J. Williams, Jr., Meridyth M. Senes, James B. Pugh, Superintendent of Schools, Lower Merion School District, and Robert M. Ruoff, Principal, Lower Merion High School, Appellees.

United States Court of Appeals, Third Circuit.

Decided November 5, 1985.

Attorney(s) appearing for the Case

Stephen F. Gold (argued), Philadelphia, Pa., for appellants.

Thomas A. Masterson (argued), Frank L. Corrado, Jr., Morgan, Lewis & Bockius, Philadelphia, Pa., for appellees.

Before SEITZ, BECKER, and ROSENN, Circuit Judges.

OPINION OF THE COURT

SEITZ, Circuit Judge.

Appellant Student Coalition for Peace, a student organization at Lower Merion High School, appeals from the district court's denial of its request for a permanent injunction ordering the appellee School Board to permit it to use school property for a "Peace Fair." Appellant rests its claim on the First Amendment and the recently-enacted Equal Access Act, 20 U.S.C.A. §§ 4071 et seq. (Supp.1985)....

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