Douglas E. YEO, Individually and on Behalf of His Children and as Chairman of the Lexington Parents Information Network, Plaintiff, Appellant,
v.
TOWN OF LEXINGTON, Jeffrey Young, Superintendent, David Wilson, Principal, Samuel Kafrissen, Karen Mechem and Joseph Dini, Chairman, John Oberteuffer, Lois Coit, Susan Elberger and Barrie Peltz, Individually and as They Are Members of the Lexington School Committee, Defendants, Appellees.
United States Court of Appeals, First Circuit.https://leagle.com/images/logo.png
Heard November 7, 1997.
Decided December 9, 1997.
Attorney(s) appearing for the Case
John W. Spillane, with whom John J. Spillane, Worcester, MA, and Gregory D. Smith, Clarksville, TN, were on brief for appellant.
Adam P. Forman, with whom Lois Brommer Duquette, Sarah A. Olivier, and Testa, Hurwitz & Thibeault, LLP, Boston, MA, were on brief for appellees.
S. Mark Goodman, Michael C. Hiestand, Arlington, VA, Robert A. Bertsche, and Hill & Barlow, Boston, MA, for the Student Press Law Center, National Scholastic Press Association, Journalism Education Association, Scholastic Journalism Division of the Association for Education in Journalism and Mass Communication, Columbia Scholastic Press Advisers Association, New England Scholastic Press Association, and Yankee Press Education Network; Dwight G. Duncan, North Dartmouth, MA, for the Massachusetts Family Institute; James C. Heigham, and Choate, Hall & Stewart, Boston, MA, for Massachusetts Newspaper Publishers Association; Gwendolyn H. Gregory, Alexandria, VA, Melinda L. Selbee, Lombard, IL, Timothy B. Dyk, Washington, DC, John Bukey, Corona, CA, Jones, Day, Reavis & Pogue for the National School Boards Association, Illinois Association of School Boards, and California School Boards Association's Educational Legal Alliance; Michael J. Long, Rosann DiPietro, and Long & Long for the Massachusetts Association of School Superintendents, on briefs amici curiae.
Before TORRUELLA, Chief Judge, BOWNES, Senior Circuit Judge, SELYA, BOUDIN, STAHL, and LYNCH, Circuit Judges.
United States Court of Appeals, First Circuit.
OPINION EN BANC
LYNCH, Circuit Judge.
This case, involving speech interests on both sides, arises from the decision of two public high school student publications — the newspaper and yearbook — not to publish an advertisement. The advertisement promoted sexual abstinence and was proffered by a parent, Douglas Yeo, in the aftermath of a decision by the Lexington, Massachusetts School Committee to make condoms available to students as a public...
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