FEDERALCourt of Appeals for the Third Circuit
2001

David Warren Saxe Student Doe 1, by and Through His Next Friend, David Warren Saxe Student Doe 2, by and Through His Next Friend, David Warren Saxe v. State College Area School District Constance Martin, in Her Official Capacity as President of the State College Area School District

240 F.3d 200Court of Appeals for the Third Circuit • Decided 2001Reversed
FLAGSHIPDispute ResolutionCited 157 times

HOLDING

A Pennsylvania school district's anti-harassment policy was struck down as unconstitutional because it banned more speech than federal law allows. The court ruled that schools cannot prohibit speech about personal values and characteristics unless those characteristics are protected by federal anti-discrimination laws. This matters to construction subcontractors because it clarifies that workplace harassment policies must be narrowly tailored to actual illegal discrimination—overly broad policies that restrict general speech can expose employers to legal challenges.

KEY FINDINGS

Dispute Resolution

Harassment policies must match federal anti-discrimination law scope—don't ban speech about characteristics that aren't federally protected (like political beliefs or personal values)

FULL COURT OPINION