POLING v. MURPHY

No. 88-5538.

872 F.2d 757 (1989)

Dean POLING, Plaintiff-Appellant, v. Ellis MURPHY, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided April 18, 1989.

Rehearing and Rehearing Denied June 28, 1989.


Attorney(s) appearing for the Case

Penny J. White (argued), Johnson City, Tenn., for plaintiff-appellant.

David R. Shults, Erwin, Tenn., William C. Bovender, Kingsport, Tenn., Nathaniel R. Coleman, Jr., Thomas J. Garland (argued), Milligan, Coleman, Fletcher, Gaber & Kilday, Greenville, Tenn., for defendants-appellees.

Before ENGEL, Chief Judge, and MERRITT and NELSON, Circuit Judges.


Rehearing and Rehearing En Banc Denied June 28, 1989.

DAVID A. NELSON, Circuit Judge.

The main question presented in this appeal is whether the Federal Constitution gives a high school student license to make admittedly "discourteous" and "rude" remarks about his schoolmasters in the course of a speech delivered at a school-sponsored assembly. Until recent years, lawyers and educators alike might have found it puzzling that such a question should even be asked...

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