Harper v. Poway Unified School District

In 2003, the Gay-Straight Alliance (GSA) at Poway High School held a Day of Silence event to promote tolerance for people of different sexual orientations. A series of incidents and altercations between students erupted because of homophobic comments. A week later, students held a Straight-Pride Day, during which some wore T-shirts that had derogatory remarks about homosexuality, and more physical altercations occurred. The GSA held another Day of Silence in 2004, to which Tyler Harper (plaintiff) wore a T-shirt that said, “I WILL NOT ACCEPT WHAT GOD HAS CONDEMNED” and “HOMOSEXUALITY IS SHAMEFUL.” The next day Harper wore the same shirt except the front said, “BE ASHAMED, OUR SCHOOL EMBRACED WHAT GOD HAS CONDEMNED.” LeMaster, Harper’s second-period teacher, noticed the T-shirt and told Harper to remove the shirt because it was a school-dress-code violation. Harper refused and LeMaster sent him to the administrator with a dress-code-violation card. The assistant principal told Harper that Harper could return to class if he removed the T-shirt, but Harper refused. Harper remained in the front office for the remainder of the school day, but he was not suspended or disciplined. Harper sued the Poway Unified School District (defendant), alleging that the school had violated his First Amendment right to free speech. The district court denied Harper’s motion for a preliminary injunction. Harper filed an interlocutory appeal.