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SAXE v. STATE COLLEGE AREA SCHOOL DISTRICT

No. 99-4081.

240 F.3d 200 (2001)

David Warren Saxe; Student Doe 1, by and through his next friend, David Warren Saxe; Student Doe 2, by and through his next friend, David Warren Saxe, Appellants v. State College Area School District; Constance Martin, in her official capacity as President of the State College Area School District.

United States Court of Appeals, Third Circuit.

Filed February 14, 2001.

Attorney(s) appearing for the Case

BRYAN J. BROWN (Argued), STEPHEN M. CRAMPTON, BRIAN FAHLING, MICHAEL J. DEPRIMO, AFA Center for Law and Policy, P.O. Box 2440, 100 Parkgate Drive, Suite 2-B, Tupelo, MS 38803, SCOTT WILLIAMS, P.O. Box 3, 57 East 4th Street, Williamsport, PA 17701, Counsel for Appellants.

JOHN R. MILLER, JR., DAVID B. CONSIGLIO (Argued), Miller, Kistler, Campbell, Miller, Williams & Benson, Inc., 720 South Atherton Street, State College, PA 16801, Counsel for Appellees.

BEFORE: ALITO, RENDELL, and DUHÉ, Circuit Judges.

OPINION OF THE COURT

ALITO, Circuit Judge:

The plaintiffs in this case challenge the constitutionality of a public school district's "anti-harassment" policy, arguing that it violates the First Amendment's guarantee of freedom of speech.1 The District Court, concluding that the policy prohibited no more speech than was already unlawful under federal and state anti-discrimination laws, held that the policy is constitutional and...

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