BRODY BY AND THROUGH SUGZDINIS v. SPANG

No. 91-1209.

957 F.2d 1108 (1992)

Drew BRODY, Jennifer Hohnstine, By and Through their next friend, Joanne SUGZDINIS, on behalf of themselves and other students similarly situated v. Edward SPANG, individually and in his official capacity as Principal, Downingtown Area Senior High School, Ronald Gray, individually and in his official capacity as Superintendent, Robert Eldredge, individually and in his capacity as President, Downingtown Area School Board, Cynthia Hallman, Nancy Glenn, Olen Simmons, James Watson, Benjamin Lagarde, Andrew Harden, Frank Marcocci, Shirley Hamhons, individually and in their official capacities as members of Downingtown Area School Board, Bonnie Fitzgerald, by and through her guardian, Millard C. Fitzgerald, Millard C. Fitzgerald as an individual, Charles Guth, by and through his guardian John Guth as an individual, Lauri Kyler, by and through her guardian, Laura Kyler, Laura Kyler as an individual, Timothy Cura, by and through his guardian Joseph Cura, Joseph Cura as an individual, Amber Fernald, by and through her guardian, Patricia Fernald, Patricia Fernald as an individual, on behalf of themselves and other students and taxpayers similarly situated, Proposed Intervenors, Appellants.

United States Court of Appeals, Third Circuit.

Decided February 28, 1992.

As Amended March 18, 1992.


Attorney(s) appearing for the Case

Stefan Presser (argued), American Civil Liberties Union, Philadelphia, Pa., for Brody and Hohnstine.

James E. McErlane (argued), Lamb, Windle & McErlane, West Chester, Pa., for Spang, Gray, Eldredge, Hallman, Glenn, Simmons, Watson, Lagarde, Harden, Marcocci and Hamhons, Thomas C. Crumplar, Jacobs & Crumplar, Thomas S. Neuberger (argued), Wilmington, Del., Cooperating Attorneys for The Rutherford Institutes of Delaware and Pennsylvania, for appellants.

Before BECKER, SCIRICA and ROTH, Circuit Judges.


OPINION OF THE COURT

ROTH, Circuit Judge.

This suit derives from a dispute over whether and to what extent religious speech may be included in a public high school graduation ceremony, and requires us to evaluate the competing interests of students under the free speech and establishment clauses of the First Amendment. The underlying action was filed by two members of the Class of 1990 at the Downingtown Area Senior High School by and through a next friend...

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