MI: Removing High School Student from Class for Saying “I Don’t Accept Gays” Violates First Amendment

Eugene Volokh at the Volokh Conspiracy: So holds yesterday’s decision in Glowacki v. Howell Public School Dist. (E.D. Mich. June 19, 2013) . . . The court goes on to conclude that McDowell’s action was based on Daniel’s viewpoint, and thus violated the First Amendment; it also concludes that “because the undisputed material facts establish that McDowell should have understood that his conduct was unlawful, he is not entitled to qualified immunity with respect to Plaintiffs’ request for nominal damages.”

Thomas More Law Center: Federal Judge: Teacher Who Punished Student for Expressing Catholic Belief Against Homosexuality Violated Student’s First Amendment Rights