Bob & Alice MOZERT, individually and as guardians ad litem for Travis Mozert and Sundee L. Mozert, et al., Plaintiffs-Appellees,
v.
HAWKINS COUNTY BOARD OF EDUCATION, (Hawkins County Public Schools), (86-6144/87-5024), Defendant-Appellant,
Charles Smith, Commissioner of Education of the State of Tennessee (86-6179), Intervening Defendant-Appellant,
James Childress; Doug Cloud; Conley E. Bailey; Larry Elkins; Harold E. Silvers, Jr.; Jean Price; Quentin Dykes and James Salley (86-6180), Defendants-Appellants.
United States Court of Appeals, Sixth Circuit.https://leagle.com/images/logo.png
Argued July 9, 1987.
August 24, 1987.
Rehearing and Rehearing Denied October 5, 1987.
Attorney(s) appearing for the Case
Ronald W. Woods, Milligan, Coleman, Fletcher, Gaby, Kilday and Woods, Greeneville, Tenn., N.R. Coleman, Jr., Adrienne Masters, Timothy B. Dyk (argued), Wilmer, Cutler & Pickering, Washington, D.C., Steven A. Schneider, John Payton, Scott D. Godshall, for Hawkins County Bd. of Educ.
Michael P. Farris (argued), Joy Jowdy, Cimron Campbell, Jordan W. Lorence, Washington, D.C., Larry E. Parrish, Memphis, Tenn., for Concerned Women for America.
Burke Marshall, Yale Law School, New Haven, Conn., for N.Y. State Education Dept., et al. amicus curiae.
Robert H. Chanin, Jeremiah A. Collins, L. Hope O'Keefe, Washington, D.C., for Nat. Educ. Assc. amicus curiae.
Michael W. Catalano, C. Susan Spurgeon, W.J. Michael Cody, William H. Farmer, Atty. Gen.'s Office, Nashville, Tenn., for McElrath.
Charles Hampton White, Nashville, Tenn., for J. Price and J. Salley.
W.J. Michael Cody (argued), Atty. Gen. of Tenn., Nashville, Tenn., William H. Farmer, Michael W. Catalano, C. Susan Spurgeon, for Charles Smith.
Carter G. Phillips, Sidley & Austin, Washington, D.C., for amicus curiae The American Jewish Comm.
Brian Weiss, New York City, for amicus curiae, Litforum Friends of the First Amendment.
Douglas Laycock, University of Texas School of Law, Austin, Tex., for amicus curiae Nat. Council for Churches of Christ in the U.S.A.
Before LIVELY, Chief Judge, KENNEDY and BOGGS, Circuit Judges.
United States Court of Appeals, Sixth Circuit.
Rehearing and Rehearing En Banc Denied October 5, 1987.
LIVELY, Chief Judge.
This case arose under the Free Exercise Clause of the First Amendment, made applicable to the states by the Fourteenth Amendment. The district court held that a public school requirement that all students in grades one through eight use a prescribed set of reading textbooks violated the constitutional rights of objecting parents and students. The district court entered an injunction...
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