NUXOLL EX REL. NUXOLL v. INDIAN PRAIRIE SCH. DIST.

No. 08-1050.

523 F.3d 668 (2008)

Alexander NUXOLL, by his next friends, Michael NUXOLL and Penny Nuxoll, Plaintiff-Appellant, v. INDIAN PRAIRIE SCHOOL DISTRICT # 204, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided April 23, 2008.


Attorney(s) appearing for the Case

Nathan W. Kellum (argued), Jonathan Scruggs, Alliance Defense Fund, Memphis, TN, for Plaintiff-Appellant.

John F. Canna (argued), Canna & Canna, Orland Park, IL, for Defendants-Appellees.

Before POSNER, KANNE, and ROVNER, Circuit Judges.


POSNER, Circuit Judge.

The plaintiff, a sophomore at Neuqua Valley High School, a large public high school in Naperville, Illinois, has brought suit against the school district and school officials contending that they are violating his right to free speech by forbidding him to make negative comments at school about homosexuality. He moved for a preliminary injunction, which was denied, and he appeals the denial. The parties tacitly agree that he is entitled to a...

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