Frudden v. Pilling, No. 15-15448 (9th Cir. 2017)Annotate this Case
Plaintiffs filed suit against defendants, challenging on First Amendment grounds, a school uniform policy that required their two minor children to wear shirts or sweatshirts with a logo consisting of the name of the school, a stylized picture of a gopher (the school mascot), and the motto "Tomorrow’s Leaders." Given the failure of the Ninth Circuit's en banc call, the panel held that the uniform policy—both the motto requirement and the exemption—violated the First Amendment. The panel reasoned that there can hardly be interests more compelling than fostering children's educational achievement and providing a safe and supportive educational environment. However, requiring students to display the motto "Tomorrow's Leaders" on their uniforms was not narrowly tailored to serve those interests. The panel held that the Individual Defendants were entitled to qualified immunity because the applicable law was not sufficiently clear to put them on notice that the uniform policy would violate the First Amendment. However, because the Institutional Defendants were not individuals, they were not protected by qualified immunity. Accordingly, the panel affirmed in part, reversed in part, and remanded for further proceedings.