Harper v. Poway Unified Sch. Dist.
Decision Date | 05 March 2007 |
Docket Number | No. 06-595.,06-595. |
Citation | 75 USLW 3469,549 U.S. 1262,127 S.Ct. 1484,167 L.Ed.2d 225,75 USLW 3248,75 USLW 3472 |
Parties | Tyler Chase HARPER, a Minor, By and Through His Parents Ron HARPER, et ux., et al., petitioners, v. POWAY UNIFIED SCHOOL DISTRICT, et al. |
Court | U.S. Supreme Court |
OPINION TEXT STARTS HERE
Case below, 445 F.3d 1166.
On petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit. Motion of Kelsie J. Harper for leave to intervene denied. Petition for writ of certiorari granted. Petitioner seeks review of the judgment of the United States Court of Appeals for the Ninth Circuit, which affirmed the district court's denial of petitioner's motion for a preliminary injunction. The district court, however, has now entered final judgment dismissing petitioner's claims for injunctive relief as moot. We have previously dismissed interlocutory appeals from the denials of motions for temporary injunctions once final judgment has been entered. See Pacific Telephone & Telegraph Co. v. Kuykendall, 265 U.S. 196, 205-206, 44 S.Ct. 553, 68 L.Ed. 975 (1924);Shaffer v. Carter, 252 U.S. 37, 44, 40 S.Ct. 221, 64 L.Ed. 445 (1920). In this case, vacatur of the prior judgment is also appropriate to “ ‘clea[r] the path for future relitigation of the issues between the parties and [to] eliminat[e] a judgment, review of which was prevented through happenstance.’ ” Anderson v. Green, 513 U.S. 557, 560, 115 S.Ct. 1059, 130 L.Ed.2d 1050 (1995) ( per curiam ) (quoting United States v. Munsingwear, Inc., 340 U.S. 36, 40, 71 S.Ct. 104, 95 L.Ed. 36 (1950)) (alterations in original). The petition for writ of certiorari is granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Ninth Circuit with instructions to dismiss the appeal as moot. See United States v. Munsingwear, Inc., supra. Reported below: 445 F.3d 1166.
To continue reading
Request your trial-
J.C. A Minor By v. Beverly Hills Unified Sch. Dist.
...others” prong from Tinker. Defendants rely, in part, on Ninth Circuit case interpreting the Tinker rights of others prong, Harper v. Poway Unified School District. (Mot. at 10-11.) In Harper, the Ninth Circuit held that a student's decision to wear a T-shirt with a religious message condemn......
-
Gillman v. School Bd. for Holmes Cnty., Fl, No. 5:08CV34-RS-MD.
...2006), motion denied by ___ U.S. ___, 127 S.Ct. 708, 166 L.Ed.2d 511 (2006), vacated by, remanded by, motion denied by ___ U.S. ___, 127 S.Ct. 1484, 167 L.Ed.2d 225 (2007). Although students mistakenly concluded that Jane Doe was absent from school the following day because Davis had suspen......
-
Chen Through Chen v. Albany Unified School District
...455 F.3d 1052 (9th Cir. 2006) (Gould, J., concurring in the denial of rehearing en banc), vacated on other grounds , 549 U.S. 1262, 127 S.Ct. 1484, 167 L.Ed.2d 225 (2007). The continued prevalence of hate speech and crimes against American citizens and residents on the basis of race, ethnic......
-
Pounds v. Katy Independent School Dist.
...school-sponsored speech. See Harper v. Poway Unified Sch. Dist., 445 F.3d 1166 (9th Cir.2006), vacated as moot, ___ U.S. ___, 127 S.Ct. 1484, 167 L.Ed.2d 225 (2007). Although this case is moot, it may be considered for its persuasive authority. See Christianson v. Colt Inds. Operating Corp.......
-
Where good intentions go bad: redrafting the Massachusetts cyberbullying statute to protect student speech.
...speech had it occurred outside of school. See Harper v. Poway Unified Sch. Dist., 445 F.3d 1166, 1185 (9th Cir. 2006), vacated as moot, 549 U.S. 1262 (2007). One commentator believes Justice Alito aimed his concurrence at this decision. See Papandrea, supra note 23, at (95.) See Morse, 551 ......
-
Rebel without a clause: the right "rights of students" in Nixon v. Board of Education and the shadow of freedom under Harper v. Poway.
...absolutist first amendment position). (5.) Compare Harper v. Poway Unified Sch. Dist., 445 F.3d 1166 (9th Cir. 2006), vacated as moot, 127 S. Ct. 1484 (2007), and Zamecnik v. Indian Prairie Sch. Dist., No. 07 C 1586, 2007 U.S. Dist. LEXIS 28172 (N.D. Ill. Apr. 17, 2007), with Chambers v. Ba......
-
PUT MAHANOY WHERE YOUR MOUTH IS: A CLOSER LOOK AT WHEN SCHOOLS CAN REGULATE ONLINE STUDENT SPEECH.
...F. Supp. 2d 289, 308 (E.D.N.Y. 2011) (quoting Harper v. Poway Unified Sch. Dist., 445 F.3d 1166, 1178 (9th Cir. 2006), vacated as moot, 549 U.S. 1262 (180) Virginia v. Black, 538 U.S. 343, 359 (2003); Watts v. United States, 394 U.S. 705, 708-09 (1969). (181) J.S. v. Manheim Twp. Sch. Dist.......
-
Bullying in Public Schools: the Intersection Between the Student's Free Speech Rights and the School's Duty to Protect - Elizabeth M. Jaffe and Robert J. D'agostino
...393 U.S. 503 (1969). 7. Harper v. Poway Unified Sch. Dist., 445 F.3d 1166, 1176-77 (9th Cir. 2006) (footnotes omitted), vacated as moot, 549 U.S. 1262 (2007). 8. Id. at 1176. 2011] BULLYING IN PUBLIC SCHOOLS 409 A. Bethel School District No. 403 v. Fraser In Bethel School District No. 403 v......