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ARCE v. DOUGLAS

Nos. 13-15657, 13-15760.

793 F.3d 968 (2015)

Maya ARCE; her father and next best friend, Sean Arce, Plaintiffs-Appellants/Cross-Appellees, v. Diane DOUGLAS, Arizona Superintendent of Public Instruction, in her official capacity, Arizona State Board of Education, and Members of the Arizona State Board of Education, Defendants-Appellees/Cross-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed July 7, 2015.

Attorney(s) appearing for the Case

Erwin Chemerinsky (argued), University of California Irvine School of Law, Irvine, CA; Richard M. Martinez , Law Office of Richard M. Martinez, Tucson, AZ; Anjana Malhotra , SUNY Buffalo Law School, Buffalo, NY; Sujal J. Shah , Jennifer MikoLevine , and Marcelo Quiñones , Bingham McCutchen, LLP, San Francisco, CA; Lorraine Bannai , Robert S. Chang , and Charlotte Garden , Fred Korematsu Center for Law and Equity, Ronald A. Peterson Law Clinic, Seattle University School of Law, Seattle, WA, for Plaintiffs-Appellants/Cross-Appellees.

Thomas C. Horne , Arizona Attorney General, Jinju Park and Leslie Kyman Cooper (argued), Assistant Attorneys General, Office of the Arizona Attorney General, Phoenix, AZ, for Defendants-Appellees/Cross-Appellants.

Meriem Hubbard and Ralph Kasarda , Pacific Legal Foundation, Sacramento, CA, for Amicus Curiae Pacific Legal Foundation.

David Handzo , Julie Carpenter, and Elizabeth Bullock , Jenner & Block LLP, Washington, D.C., for Amici Curiae Freedom to Read Foundation, American Library Association, American Booksellers Foundation for Free Expression, Asian/Pacific American Librarians Association, Black Caucus of the American Library Association, Comic Book Legal Defense Fund, National Association for Ethnic Studies, National Coalition Against Censorship, National Council of Teachers of English, and Reforma.

Samantha Blevins , Arizona Education Association, Phoenix, AZ; Alice O'Brien , Jason Walta , and Kristen Hollar , National Education Association, Washington, D.C., for Amici Curiae National Education Association and Arizona Education Association.

Charles Sipos , Nicholas Manheim , and David Perez , Perkins Coie LLP, Seattle, WA, for Amici Curiae Chief Earl Warren Institute on Law and Social Policy and the Anti-Defamation League.

Brian Matsui , Jeremy Merkelson , Laura Heiman , and Betre Gizaw , Morrison & Foerster LLP, Washington, D.C., for Amici Curiae Rodolfo Acuña, Bill Bigelow, Richard Delgado, and Jean Stefancic.

Marie Quasius , Ben Hellerstein , Tia Sargent , Raina Wagner , and Theodore Angelis , K & L Gates LLP, Seattle, WA; Steven Bender , Marc-Tizoc González , and Beth Lyon , Coral Gables, FL, for Amicus Curiae Latina and Latino Critical Legal Theory, Inc.

Warrington Parker and Mary Kelly Persyn , Orrick, Herrington & Sutcliffe LLP, San Francisco, CA, for Amici Curiae 48 Public School Teachers.

Opinion by Judge Rakoff; Partial Concurrence and Partial Dissent by Judge Clifton.

OPINION

The children of the Tucson Unified School District ("TUSD"), a majority of whom are of Mexican or other Hispanic descent, have a natural interest in knowing more about their cultural heritage and that of their community — or so the school board of Tucson decided, inaugurating a Mexican American Studies...

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