But it's a Reinhart driven decision. Kozinski dissented. Reinhart just about the most liberal member of the court and husband of Ramona Ripston, Executive Director of The Southern California branch of the ACLU. Judge Sidney R. Thomas is a Clinton appointed judge. I couldn't find out much abut this judge other than the Clinton appointment and his law school.
Kozinski's dissent starts on page 57 is worth reading. He destroys the arguments of the other two judges, but that doesn't matter because he was outvoted by 2 to 1. The other two judges declare the statements on the shirt to be offensive. Kozinski points out that while in the past this might be a close call a recent 9th Circuit case Frederick v Morse changed the law and made it clear that what was on the shirt wasn't offensive under the law. The other two judges ignored that 9th Circuit decision to come up with the conclusion they wanted. In Frederick V. Morse it was determined it had to be the language that was offensive not the idea being expressed. If it was not the language then the offensive idea being expressed was substantially protected.
Yes exactly, the only sane person on the court is Kozinski. I was not aware that Reinhart is marred to an ACLU lawyer, but I am not surprised at all. I believe he is a Carter aponitee.
Among his better known decisions, Reinhardt: ... agreed that the phrase "under God" in the Pledge of Allegiance was unconstitutional; ... found a "right to die" in the Constitution; ... overturned Alaska's sex offender registry law because a registrant would suffer the "ostracism that would accompany his being publicly labeled a sex offender;" ... ruled that the Second Amendment, which states in part "the right of the people to keep and bear arms shall not be infringed," does not recognize a right of individual citizens to own guns, but of state governments to arm "militias."