Bradley R. JOHNSON, Plaintiff-Appellee,
v.
POWAY UNIFIED SCHOOL DISTRICT; Jeff Mangum, individually and in his official capacity as a Member of the Board of Education for the Poway Unified School District; Linda Vanderveen, individually and in her official capacity as a Member of the Board of Education for the Poway Unified School District; Andrew Patapow, individually and in his official capacity as a Member of the Board of Education for the Poway Unified School District; Todd Gutschow, individually and in his official capacity as a Member of the Board of Education for the Poway Unified School District; Penny Ranftle, individually and in her official capacity as a Member of the Board of Education for the Poway Unified School District; Donald A. Phillips, individually and in his official capacity as Superintendent of the Poway Unified School District; Dawn Kastner, individually and in her official capacity as Principal, Westview High School, Poway Unified School District; William R. Chiment, individually and in his official capacity as Assistant Superintendent of the Poway Unified School District, Defendants-Appellants.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Robert J. Muise (argued), Thomas More Law Center, Ann Arbor, MI, and Charles S. LiMandri , Law Offices of Charles S. LiMandri, Rancho Santa Fe, CA, for plaintiff-appellee Bradley R. Johnson.
Francisco M. Negron, Jr. , National School Boards Association, Alexandria, VA, and Thomas E.M. Hutton , Patterson Buchanan Fobes Leitch & Kalzer, Inc., P.S., Seattle, WA, for Amicus Curiae National School Boards Association and California School Boards Association in Support of defendants-appellants Request for Reversal.
Ayesha N. Khan , Michael A. Blank , Americans United for Separation of Church and State, Washington, D.C., for Amicus Curiae Americans United for Separation of Church and State in Support of appellants.
David Blair-Loy , ACLU Foundation of San Diego and Imperial Counties, San Diego, CA, for Amicus Curiae American Civil Liberties Union of San Diego and Imperial Counties in Support of plaintiff-appellee and Affirmance with Modification of Judgment.
Steven W. Fitschen , the National Legal Foundation, Virginia Beach, VA, for Amici Curiae Christian Educators Association International and WallBuilders, Inc., in Support of plaintiff-appellee Urging Affirmance.
Before: BARRY G. SILVERMAN, RICHARD C. TALLMAN, and RICHARD R. CLIFTON, Circuit Judges.
United States Court of Appeals, Ninth Circuit.
OPINION
TALLMAN, Circuit Judge:
We consider whether a public school district infringes the First Amendment liberties of one of its teachers when it orders him not to use his public position as a pulpit from which to preach his own views on the role of God in our Nation's history to the captive students in his mathematics classroom. The answer is clear: it does not.
When Bradley Johnson, a high school calculus teacher, goes to work and performs the...
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