No, Ninth Circuit, the Relevant Law in C.F. v. Capistrano Unified School District Was Indeed "Clearly Established"

In August, the Ninth Circuit Court of Appeals denied justice to a creationist student in the case C.F. v. Capistrano Unified School District. The court claimed it was justified in refusing to rule because "the law was not clearly established." In a previous article, we saw that the court thus failed in its job to establish what the law is. In fact the relevant law on this issue is not nearly as murky as the Ninth Circuit made it out to be.

While many questions about academic freedom for...