BYSTROM v. FRIDLEY HIGH SCH., IND. SCH. DIST. 14

No. 86-5140.

822 F.2d 747 (1987)

Cory BYSTROM, a minor, By and Through Robert and Helen BYSTROM, his parents and natural guardians; Adam Collins, a minor, By and Through Michael and Melinda Collins, his parents and natural guardians; John Collins; Jeremy Scott-Martin Saperstein; and David Drangeid, a minor, By and Through Gerald Drangeid, his father and natural guardian, Appellees, v. FRIDLEY HIGH SCHOOL, INDEPENDENT SCHOOL DISTRICT NO. 14, a municipal corporation; Dr. Dennis Rens, individually and as Superintendent of Independent School District No. 14; and Donald Meyers, individually and as principal of Fridley High School, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided June 25, 1987.

Rehearing and Rehearing Denied August 28, 1987.


Attorney(s) appearing for the Case

David R. Hols, Minneapolis, Minn., for appellants.

Stephen Foley, Minneapolis, Minn., for appellees.

Before McMILLIAN, Circuit Judge, HENLEY, Senior Circuit Judge, and ARNOLD, Circuit Judge.


Rehearing and Rehearing En Banc Denied August 28, 1987.

ARNOLD, Circuit Judge.

This case raises questions of the right of public high school authorities to regulate or prohibit the distribution on school property of written material prepared by students or others. We are required to answer two questions: First, does the First Amendment, as applied to the States by the Due Process Clause of the Fourteenth Amendment, absolutely prohibit any form of prior restraint...

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