Guiles v. Marineau
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In Guiles v. Marineau, 461 F.3d 320 (2d. Cir. 2006),[1] cert. denied by 127 S.Ct. 3054 (2007), the U.S. Court of Appeals for the Second Circuit held that the First and Fourteenth Amendments to the Constitution of the United States protect the right of a student in the public schools to wear a shirt insulting the President of the United States and depicting images relating to drugs and alcohol.
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Guiles v. Marineau | |
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Court | United States Court of Appeals for the Second Circuit |
Full case name | Zachary Guiles, by his father and next friend, Timothy Guiles and by his mother and next friend Cynthia Lucas, v. Seth Marineau, Kathleen Morris-Kortz, Douglas Shoik and Rodney Graham |
Argued | October 28, 2005 |
Decided | August 30, 2006 |
Citation(s) | 461 F.3d 320 |
Case history | |
Prior history | 349 F. Supp. 2d 871 (D. Vt. 2004) |
Subsequent history | Cert. denied, 127 S.Ct. 3054 (2007) |
Holding | |
The court held that it is a violation of the First and Fourteenth Amendments for a public school to require a student to partially obscure images relating to drugs and alcohol on a shirt criticizing the President of the United States. | |
Court membership | |
Judge(s) sitting | Richard J. Cardamone, Rosemary S. Pooler, Sonia Sotomayor |
Case opinions | |
Majority | Cardamone, joined by a unanimous court |
Laws applied | |
First Amendment |
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