JACOBS v. CLARK COUNTY SCHOOL DIST.

No. 05-16434.

526 F.3d 419 (2008)

Kimberly JACOBS; Donald Jacobs; Linda Rowley; Dwight Terry, Jr.; Dwight Terry, Sr.; Shane Dresser; Donald Dresser; Wendy Dresser; Lona Finley; Whitney Rose; Lynn Rose; Deanna Wright, Plaintiffs-Appellants, v. CLARK COUNTY SCHOOL DISTRICT; Marge Appuglise; Shirley Barber; Susan Brager-Wellman; Denise Brodsky; Penny Elliot; Emelio Fernandez, Jr.; Carlos Garcia; Ruth Johnson; Larry Mason; Sheila Moulton; Darlene Russell; Mary Beth Scow; Milana Winter, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Submission Vacated May 3, 2007.

Resubmitted August 15, 2007.

Filed May 12, 2008.


Attorney(s) appearing for the Case

Allen Lichtenstein, General Counsel, ACLU of Nevada, Las Vegas, NV, for the plaintiffs-appellants.

C.W. Hoffman, Jr., Donna Mendoza-Mitchell, and Jeanne-Marie Pochert Hanna, Clark County School District, Office of the General Counsel, Las Vegas, NV, for the defendants-appellees.

Opinion by Judge MICHAEL DALY HAWKINS; Dissent by Judge THOMAS.


MICHAEL DALY HAWKINS, Circuit Judge:

Public school districts across the country have increasingly turned to the adoption of mandatory dress policies, sometimes referred to as "school uniform policies," in an effort to focus student attention and reduce conflict. These policies are not without controversy, and many students, as well as their parents, find them offensive to their understanding of core First Amendment values. In a case of first impression in this circuit...

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