THE COURT: In both the endorsement and the effect?
MR. HARVEY: Yes, and looked at the effect on the community, what message is being sent to the community as preceived by this reasonable observer. And the reasonable observer, whether it’s a 9th grade student or not, would read this note that’s being handed to me by my counsel — no. THE COURT: Always great to have co-counsel. MR. HARVEY: Absolutely. Would certainly be reading what’s in the paper, the letters to the editor and editorial. These are the local papers. I mean, this is about a good as source as you can get. THE COURT: But Mr. Gillen says, it’s hearsay, it hasn’t been established, and why should the reasonable observer be permitted to rely on something that is not conceded to be true. MR. HARVEY: Well, Your Honor, I guess we’re going to determine in this case whether that’s true or not. But nevertheless, that is what is out there in the community. And another point is, it’s not just what was published in the classroom. This was published in the entire community. So we have it
