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FRUDDEN v. PILLING

No. 12-15403.

742 F.3d 1199 (2014)

Mary FRUDDEN; Jon E. Frudden, Plaintiffs-Appellants, v. Kayann PILLING; Roy Gomm Uniform Committee; Health Morrison; Lynn Rauh; Washoe County School District; Debra Biersdorff, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed February 14, 2014.

Attorney(s) appearing for the Case

Eugene Volokh , Mayer Brown LLP, Los Angeles, CA, for Plaintiffs-Appellants.

Randy A. Drake (argued), Chief General Counsel, Washoe County School District, Office of the General Counsel, Reno, NV; Michael E. Malloy , Kim G. Rowe and Debra O. Waggoner , Maupin, Cox & LeGoy, Reno, NY, for Defendants-Appellees.

Louis M. Bubala III , Armstrong Teasdale LLP, Reno, NV; Frank D. LoMonte and Adam Ezra Schulman , Student Press Law Center, Arlington, VA, for Amicus Curiae Student Press Law Center.

Nathan W. Kellum , Center for Religious Expression, Memphis, TN; Jonathan Scruggs , Alliance Defense Fund, Memphis, TN, for Amicus Curiae Alliance Defense Fund.

Before: N. RANDY SMITH and JACQUELINE H. NGUYEN, Circuit Judges, and GORDON J. QUIST, Senior District Judge.

OPINION

NGUYEN, Circuit Judge:

This case represents the latest First Amendment challenge to a public school's mandatory student uniform policy. Six years ago, in Jacobs v. Clark County School District, 526 F.3d 419 (9th Cir. 2008), we held that a public high school's mandatory uniform policy survives First Amendment scrutiny. Relying on Jacobs, the district court here dismissed Mary and Jon Frudden's claim...

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