Alan NEWSOM, a minor by and through Fred NEWSOM, his Parent and Next Friend, Plaintiff-Appellant,
v.
ALBEMARLE COUNTY SCHOOL BOARD, by and through its School Board Members in their Official Capacity; Charles M. Ward, Albemarle School Board Member, in his Official Capacity; Pam Moynihan, Albemarle School Board Member, in her Official Capacity; Gordon Walker, Albemarle County School Board Member, in his Official Capacity; Ken C. Boyd, Albemarle School Board Member, in his Official Capacity; Stephen H. Koleszar, Albemarle School Board Member, in his Official Capacity; Diantha H. Mckeel, Albemarle School Board Member, in her Official Capacity; Gary Grant, Albemarle School Board Member, in his Official Capacity; Betty Pitt, both in her Individual Capacity and in her Official Capacity as Vice Principal of Jack Jouett Middle School; Russell L. Jarrett, in his Official Capacity as Principal of Jack Jouett Middle School; Kevin Castner, in his Official Capacity as Division Superintendent of the Albemarle County Public School System, Defendants-Appellees.
Southern Legal Resource Center, Incorporated; Independence Institute; First Amendment Lawyers Association; Individual Rights Foundation; Richmond American Civil Liberties Union of Virginia; Commonwealth of Virginia, Amici Supporting Appellant.
National School Boards Association; Virginia School Boards Association; North Carolina School Boards Association; Maryland School Boards Association; South Carolina School Boards Association, Amici Supporting Appellees.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued: September 25, 2003.
Decided: December 1, 2003.
Attorney(s) appearing for the Case
ARGUED: Daniel Mark Zavadil, National Rifle Association Of America, Fairfax, Virginia, for Appellant. Mary Ellen McGowan, Siciliano, Ellis, Dyer & Boccarosse, Fairfax, Virginia, for Appellees. ON BRIEF: Kirk D. Lyons, Southern Legal Resource Center, Inc., Black Mountain, North Carolina, for Amicus Curiae Center. David B. Kopel, Independence Institute, Golden, Colorado, for Amicus Curiae Institute. Bradley J. Shafer, Shafer & Associates, P.C., Lansing, Michigan, for Amicus Curiae Lawyers Association. James H. Warner, Individual Rights Foundation, Rohrersville, Maryland; Manuel S. Klausner, Individual Rights Foundation, Los Angeles, California, for Amicus Curiae Foundation. Rebecca K. Glenberg, American Civil Liberties Union Of Virginia Foundation, Inc., Richmond, Virginia, for Amicus Curiae ACLU. Jerry W. Kilgore, Attorney General, William H. Hurd, Solicitor, Maureen R. Matsen, Deputy State Solicitor, William E. Thro, Deputy State Solicitor, Office Of The Attorney General, Richmond, Virginia, for Amicus Curiae Commonwealth. D. Patrick Lacy, Jr., Kelly C. Horan, Reed Smith, L.L.P., Richmond, Virginia; Julie K. Underwood, National School Boards Association, Alexandria, Virginia, for Amici Curiae School Boards Associations.
Before WILLIAMS and SHEDD, Circuit Judges, and HAMILTON, Senior Circuit Judge.
United States Court of Appeals, Fourth Circuit.
Vacated and remanded with instructions by published opinion. Senior Judge HAMILTON wrote the opinion, in which Judge WILLIAMS and Judge SHEDD joined.
OPINION
HAMILTON, Senior Circuit Judge:
In this First Amendment case, Alan Newsom (Newsom), a student at Jack Jouett Middle School (Jouett) in Albemarle County, Virginia, by and through his parent and next friend, Fred Newsom, appeals from a district court...
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