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FREDERICK v. MORSE

No. 03-35701.

439 F.3d 1114 (2006)

Joseph FREDERICK, Plaintiff Appellant, v. Deborah MORSE; Juneau School Board, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed March 10, 2006.

Attorney(s) appearing for the Case

Douglas K. Mertz, Law Office of Douglas K. Mertz, Juneau, AK, for the appellant.

David C. Crosby, P.C., Juneau, AK, for the appellees.

Sonja R. West (briefed), Davis, Wright, Tremaine, LLP, Los Angeles, CA, for amici curiae Student Press Law Center, et al.

John M. Sedor (briefed), Bankston, Gronning, O'Hara, Sedor, Mills, Givens & Heaphey, P.C., Anchorage, AK, for amici curiae Association of Alaska School Boards, et al.

Judith K. Appel (briefed), Drug Policy Alliance, Oakland, CA, for amicus curiae Drug Alliance Policy.

Before: HALL, KLEINFELD, and WARDLAW, Circuit Judges.

KLEINFELD, Circuit Judge:

This is a First Amendment student speech case.

Facts

One January day, Coca-Cola and other private sponsors supported a "Winter Olympics Torch Relay" in Juneau, Alaska. Students were released from school so that they could watch the Olympic torch pass by. Joseph Frederick, then an 18-year-old senior at Juneau-Douglas High School, never made it to school that morning because he got stuck in the snow in his driveway, but he...

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