Easton Area School District v. B.H.
Petition for certiorari denied on March 10, 2014
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.
Date | Proceedings and Orders (key to color coding) |
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Oct 22 2013 | Application (13A421) to extend the time to file a petition for a writ of certiorari from November 3, 2013 to January 2, 2014, submitted to Justice Alito. |
Oct 28 2013 | Application (13A421) granted by Justice Alito extending the time to file until December 3, 2013. |
Dec 3 2013 | Petition for a writ of certiorari filed. (Response due January 6, 2014) |
Dec 10 2013 | Order extending time to file response to petition to and including February 5, 2014. |
Jan 4 2014 | Brief amicus curiae of David Boyle filed. |
Jan 6 2014 | Brief amici curiae of National School Boards Association, et al. filed. |
Feb 4 2014 | Brief of respondents B. H., a Minor, By and Through Her Mother, Jennifer Hawk, et al. in opposition filed. |
Feb 18 2014 | Reply of petitioner Easton Area School District filed. |
Feb 19 2014 | DISTRIBUTED for Conference of March 7, 2014. |
Mar 10 2014 | Petition DENIED. |