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M.A.L. EX REL. M.L. v. KINSLAND

No. 07-1409.

543 F.3d 841 (2008)

M.A.L., a minor child, by and through his parents and next friends, M.L. and S.A., Plaintiff-Appellee, v. Stephen KINSLAND, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 7, 2008.

Attorney(s) appearing for the Case

ARGUED: Roy H. Henley, Thrun Law Firm, East Lansing, Michigan, for Appellant. Byron J. Babione, Alliance Defense Fund, Scottsdale, Arizona, for Appellee. ON BRIEF: Roy H. Henley, Kirk C. Herald, Martha J. Marcero, Thrun Law Firm, East Lansing, Michigan, for Appellant. Byron J. Babione, Benjamin W. Bull, Delia B. van Loenen, Alliance Defense Fund, Scottsdale, Arizona, Steven M. Jentzen, Steven M. Jentzen, P.C., Ypsilanti, Michigan, for Appellee. Steven W. Fitschen, National Legal Foundation, Virginia Beach, Virginia, Francisco M. Negron, Jr., National School Board Association, Alexandria, Virginia, for Amici Curiae.

Before: KEITH, DAUGHTREY, and ROGERS, Circuit Judges.

OPINION

ROGERS, Circuit Judge.

This case presents the question of whether it is constitutional for a public middle school to regulate the time, place, and manner of a student's speech by preventing him from handing out leaflets in school hallways between classes and instead allowing him to post his leaflets on hallway bulletin boards and to distribute them during lunch hours from a cafeteria table. The district court held that such a regulation of student...

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