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ADLER v. DUVAL COUNTY SCHOOL BD.

Nos. 98-2709, 98-2720.

206 F.3d 1070 (2000)

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.

March 15, 2000.

Attorney(s) appearing for the Case

William J. Sheppard, D. Gray Thomas, Sheppard, White & Thomas, P.A., Jacksonville, FL, for Adler.

David B. Isbell, Covington & Burling, Washington, DC, for Amicus Curiae.

Ernst D. Mueller, Richard A. Mullaney, Michael B. Wedner, Jacksonville, FL, for Duval County School Bd. Mathew Duane Staver, Liberty Counsel, Longwood, FL, Frederick Herbert Nelson, Law Offices of Frederick H. Nelson, PA, Altamonte Springs, FL, Nicole Arfaras Kerr, Staver & Associates, Orlando, FL, for Duval Cty. Sch. Bd. and Boles.

Before ANDERSON, Chief Judge, TJOFLAT, EDMONDSON, COX, BIRCH, DUBINA, CARNES, BARKETT, HULL, MARCUS and WILSON, Circuit Judges, and KRAVITCH, Senior Circuit Judge.

MARCUS, Circuit Judge:

At issue today is whether the Duval County, Florida school system's policy of permitting graduating students to vote on whether to select a student to deliver a message wholly of her own choosing at the beginning or closing of a high school graduation ceremony violates the Establishment Clause. Because the Duval County policy unambiguously recognizes the "crucial difference between government speech endorsing religion, which the Establishment...

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