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MONTEIRO v. TEMPE UNION HIGH SCHOOL DIST.

No. 97-15511.

158 F.3d 1022 (1998)

Kathy MONTEIRO, individually, as the legal guardian of her minor daughter Jane Doe, and on behalf of all other similarly situated individuals, Plaintiff-Appellant, v. THE TEMPE UNION HIGH SCHOOL DISTRICT, a political subdivision of the State of Arizona, and Daniel Perkins, Randy Clawson, Richard Foreman and Steven Rich, individually and in their official capacities as members of the Governing Board of the Tempe Union High School District, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided October 19, 1998.

Attorney(s) appearing for the Case

Stephen G. Montoya, Phoenix, Arizona, for plaintiff-appellant.

Alison Lewis, Teilborg, Sanders & Parks, Phoenix, Arizona, for defendants-appellees.

Before: D.W. NELSON, BOOCHEVER, and REINHARDT, Circuit Judges.

Opinion by Judge REINHARDT; Concurrence by Judge BOOCHEVER.

REINHARDT, Circuit Judge:

More and more frequently we are faced with cases in which two fundamental constitutional rights appear to be at odds. At such times, the job of federal judges is particularly difficult. Here, we confront a case presenting some elements of such a clash. The setting is a freshman English class in Tempe, Arizona, and the competing interests are the First Amendment rights of...

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