Petition of the day

Issue: Whether the Third Circuit erred in constructing a new test for the application of Bethel School District No. 403 v. Fraser that would prohibit regulation of lewd expression in the public schools, even in the absence of issue preclusion; (2) whether the Third Circuit misapplied the narrowest grounds doctrine to hold that Morse v. Frederick dictated a modification of the holding in Fraser by creating a two-part test for regulation of expression controlled by Fraser; and (3) whether the Third Circuit abused its discretion in failing to give due deference to school administrators’ objectively reasonable determination that a sexual double entendre constituted lewd or vulgar speech which could be prohibited under Fraser.