Circuit Court of Appeals seated in Philadelphia. Panel Samuel Alito Marjorie O. Rendell John Malcolm Duhé, Jr. Decision In a 3-0 decision, the panel held that such a broadly-worded policy prohibits too much speech and violates the First Amendment. The court held that the policy prohibits a substantial amount of speech that is neither vulgar within the meaning of the Fraser standard nor school-sponsored within the meaning of the Hazelwood standard. It prohibits speech that harasses someone based on "clothing, physical appearance, social skills, peer group, intellect, educational program, hobbies, or values." The policy must be judged under the Tinker "substantial disruption" test. This policy could essentially be applied to any speech that another might find offensive. "This could include much 'core' political and religious speech," the panel wrote. "The policy, then, appears to cover substantially more speech than could be prohibited under Tinker’s substantial disruption test." This decision is consistent with the holdings of other federal appellate courts faced with similar questions. The Third Circuit went further than other courts, however, in drawing a line between legally-sanctionable "true harassment" and speech that is unpopular and deemed "harassment" by school administrators. Although "non-expressive, physically harassing conduct is entirely outside the gambit of the free speech clause," the Court held, "there is also no question that the free speech clause protects a wide variety of speech that listeners may consider deeply offensive, including statements that impugn another's race or national origin or that denigrate religious beliefs." The Court noted that "where pure expression is involved, anti-discrimination laws steer into the territory of the First Amendment." The Court stated that harassment laws purporting to prohibit verbal activity "that objectively denies a student equal access to a school's educational resources"—the purpose claimed by proponents of academic speech codes—are unconstitutional when what they actually do is prohibit speech seen as offensive by those who disagree with it. Furthermore, the claim that the government has the power to curtail speech when it is likely to produce "a specific and significant fear of disruption" is not enough to justify the banning of offensive speech under the First Amendment. As the Court ruled: "The Supreme Court has held time and again, both within and outside the school context, that the mere fact that someone might take offense at the content of speech is not sufficient justification for prohibiting it." Alito's opinion "No court or legislature has ever