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NURRE v. WHITEHEAD

No. 07-35867.

580 F.3d 1087 (2009)

Kathryn NURRE, Plaintiff-Appellant, v. Carol WHITEHEAD, in her official and individual capacity as the Superintendent of Everett School District No. 2, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 8, 2009.

Attorney(s) appearing for the Case

W. Theodore Vander Wel, Vander Wel & Jacobson, Bishop & Kim, PLLC, Bellevue, Washington, for the appellant.

Michael A. Patterson, Patterson Buchanan Fobes Leitch & Kalzer, PS, Seattle, Washington, for the appellees.

Phylis Skloot Bamberger; Marc D. Stern; Zhubin Parang, Sonnenschein Nath & Rosenthal LLP; for amicus curiae American Jewish Congress.

Ayesha N. Khan, Richard B. Katskee, Nancy Leong, for amicus curiae Americans United for Separation of Church and State.

Steven W. Fitschen, Barry C. Hodge, Nathan A. Driscoll, for amicus curiae The National Legal Foundation.

Francisco M. Negrón, Jr., Thomas E.M. Hutton, for amicus curaie National School Boards Association.

Opinion by Judge TALLMAN; Partial Concurrence and Partial Dissent by Judge MILAN D. SMITH, JR.

TALLMAN, Circuit Judge:

Once again we enter the legal labyrinth of a student's First Amendment right to free speech. There exists a delicate balance between protecting a student's right to speak freely and necessary actions taken by school administrators to avoid collision with the Establishment Clause. While finding our way is never easy, we here endeavor to provide guidance to assist both school districts and their students.

Kathryn Nurre ("Nurre") sought...

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