Higher court rules Nevada school uniform suit not over

Tuesday, February 18, 2014

Today the 9th U.S. Circuit Court of Appeals reversed and remanded a decision made two years ago by U.S. District Court Judge Robert C Jones, who dismissed a suit by parents who objected to Roy Gomm Elementary School's uniform policy.

"We hold that the Roy Gomm Elementary School policy compels speech because it mandates the written motto, 'Tomorrow's Leaders,' on the uniform shirt," wrote Judge Jacquelin Nguyen who wrote the opinion from the 9th Circuit Court of Appeals.

"Further, the exemption for uniforms for nationally recognized youth organizations such as the Boy Scouts and Girls Scouts on regular meeting days is content based. For these reasons, we conclude that strict scrutiny review applies," Nguyen wrote.

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