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Easton Area School District v. B.H.

Petition for certiorari denied on March 10, 2014
Docket No. Op. Below Argument Opinion Vote Author Term
13-672 3d Cir. N/A N/A N/A N/A OT 2013

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.

SCOTUSblog Coverage

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