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ADLER v. DUVAL COUNTY SCHOOL BD.

Nos. 98-2709, 98-2720.

174 F.3d 1236 (1999)

Emily ADLER, individually; on behalf of herself and all persons similarly situated, Seth Finck, individually; on behalf of himself and all persons similarly situated, et al., Plaintiffs-Appellants, v. DUVAL COUNTY SCHOOL BOARD, Duval County Public School District, Defendants-Appellees. Emily Adler, individually; on behalf of herself and all persons similarly situated, Seth Finck, individually; on behalf of himself and all persons similarly situated, et al., Plaintiffs-Appellees, v. Susan Boles, as parent & next friend of Rebecca Boles, a minor child and on behalf of all public school students within the Duval County Public School District, Movants-Appellants.

United States Court of Appeals, Eleventh Circuit.

Order on Rehearing June 3, 1999.

Attorney(s) appearing for the Case

William J. Sheppard, D. Gray Thomas, Sheppard and White, P.A., Jacksonville, FL, for Plaintiffs-Appellants and Plaintiffs-Appellees.

Ernst D. Mueller, Jacksonville, FL, for Defendants-Appellees.

Mathew D. Staver, Frederick H. Nelson, Nicole Arfaras Kerr, Staver & Associates, Orlando, FL, for Movants-Appellants.

Before HATCHETT, Chief Judge, MARCUS, Circuit Judge, and KRAVITCH, Senior Circuit Judge.

HATCHETT, Chief Judge:

Appellants, students of various grade levels in the Duval County, Florida school system, challenge the Duval County school system's policy of permitting graduating students to vote on whether to have unrestricted student-led messages at the beginning and closing of graduation ceremonies as facially and as-applied violative of the Establishment Clause. We hold that this policy facially violates the Establishment Clause, reverse the district court...

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