HILLS v. SCOTTSDALE UNIFIED SCHOOL DIST. NO. 48

No. 01-17518.

329 F.3d 1044 (2003)

Joseph J. HILLS, Plaintiff-Appellant, v. SCOTTSDALE UNIFIED SCHOOL District, No. 48; Barbara F. Erwin, in her official capacity as Scottsdale Unified School District Superintendent; Jane McGlothlin, in her official capacity as Scottsdale Unified School District Assistant Superintendent; BObbie Sferra, in her official capacity as Scottsdale Unified School District Assistant Superintendent; Lisa Martens, in her official capacity as District Communications Specialist, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Submission Withdrawn October 31, 2002.

Resubmitted March 6, 2003.

Filed May 22, 2003.


Attorney(s) appearing for the Case

Walter M. Weber, American Center for Law & Justice, Alexandria, VA, for the plaintiff-appellant.

Mary Ellen Simonson, Lewis & Roca, Phoenix, AR, for the defendants-appellees.

C.N. Coby Cohen, Perkins Coie, Seattle, WA, for Amicus Anti-Defamation League.

Before CANBY, HAWKINS, and BERZON, Circuit Judges.


OPINION

PER CURIAM.

In this case, we again confront the often confusing intersection of First Amendment rights and the delicate balance which must be struck by our public schools in insuring the right to Free Speech but avoiding endorsement of religion in violation of the Establishment Clause. Striking this balance has never been easy and this appeal demonstrates just how difficult it can be.

Joseph Hills appeals the district court's grant of summary...

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