DOE v. MADISON SCHOOL DIST. NO. 321

No. 97-35642.

147 F.3d 832 (1998)

Jane DOE, on her own behalf and on behalf of her two children; Doe 1; Doe 2; Plaintiffs-Appellants, v. MADISON SCHOOL DISTRICT NO. 321; Board of Trustees of District No. 321; Jim Terry, Member of Board; Ann Hancock, member of Board; John Bagley, member of Board; Norman Erickson, member of Board; Gary J. Summers, member of Board; T.C. Mattocks, Dr., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided May 27, 1998.


Attorney(s) appearing for the Case

Stephen L. Pevar (argued) and D. Bernard Zaleha, American Civil Liberties Union, for the appellants.

James B. Lynch (argued), Lynch & Associates, Boise, ID, for the appellees.

Before: BROWNING, WRIGHT, and O'SCANNLAIN, Circuit Judges.


O'SCANNLAIN, Circuit Judge:

We must decide whether a school district's policy regarding student graduation pronouncements violates the Establishment Clause of the First Amendment.

I

Jane Doe, on behalf of herself and her child, challenges on its face the high school graduation policy on student speakers that is administered by the Madison School District #321 (the "District"), which is located in Rexburg...

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