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SYPNIEWSKI v. WARREN HILLS REGIONAL BD. OF EDUC.

No. 01-3542.

307 F.3d 243 (2002)

Thomas SYPNIEWSKI, Jr.; Matthew Sypniewski; Brian Sypniewski v. WARREN HILLS REGIONAL BOARD OF EDUCATION; Peter Merluzzi, in his personal and official capacity as Superintendent of the Warren Hills Regional Board of Education; Beth Godett, in her personal and official capacity as Principal of the Warren Hills Regional High School; Ronald Griffith; Phillip Chalupa, in their personal and official capacity as Vice Principals of Warren Hills Regional High School; Elizabeth Ames; Marcy Matlosz; Ray Busch; Suyling Heurich; James T. Momary; Nancy Fallen; William Miller; Bradley Breslin; Scott Schantzenbach, in their official capacity as members of the Warren Hills Regional Board of Education Matthew Sypniewski; Brian Sypniewski, Appellants.

United States Court of Appeals, Third Circuit.

Filed October 3, 2002.

Attorney(s) appearing for the Case

Gerald Walpin, Esquire (Argued), Katten, Muchin, Zavis & Rosenman, New York, NY, for Appellants.

James W. Broscious, Esquire (Argued), Broscious, Glynn & Fischer, Washington, NJ, for Appellees.

Before: SCIRICA and ROSENN, Circuit Judges, and WARD, District Judge.

OPINION OF THE COURT

SCIRICA, Circuit Judge.

At issue is the constitutionality, both facially and as applied, of a public school's racial harassment policy against a background of demonstrated racial hostility. The specific issue is whether the public school's policy violates the First Amendment protection of students' rights to free expression.

I.

The Warren Hills School District's racial harassment policy was enacted in response to a...

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