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.https://leagle.com/images/logo.png
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.
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.
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.
Opinion by Judge Rakoff; Partial Concurrence and Partial Dissent by Judge Clifton.
OPINION
RAKOFF, District Judge:
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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