A federal appeals court revived the lawsuit of a white first grader in California who alleges she was punished for making what her lawyers call an innocuous drawing that arose out of a history lesson in class.
A three-judge panel of the U.S. Court of Appeals for the Ninth Circuit ruled unanimously on March 10 that a federal district court was wrong to summarily rule in favor of the Capistrano Unified School District by concluding the drawing did not constitute protected speech. The stalled lawsuit is now expected to move forward.
