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PRINCE v. JACOBY

No. 99-35490.

303 F.3d 1074 (2002)

Tausha PRINCE, a minor, by and through her parents; James Prince; Kimberly Prince, Plaintiffs-Appellants, v. Jill JACOBY, Superintendent of Bethal School District; Tim Sherry, Principal of Spanaway Lake High School; Bonnie Kenigson, Assistant Principal of Spanaway Lake High School, Bethel School District in their official capacities; Bethel School District, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 9, 2002.

Attorney(s) appearing for the Case

Keith A. Kemper, Ellis, Li & McKinstry, Seattle, WA, Walter M. Weber, The American Center for Law and Justice, Washington, DC, David A. Cortman, Panama City Beach, FL, for the plaintiff-appellant.

John H. Binns, Jr. & Daniel C. Montopoli, Vandeberg Johnson & Gandara, Tacoma, WA, for the defendants-appellees.

Aaron H. Caplan for the American Civil Liberties Union of Washington, Seattle, WA, and Sue Stengel for the Anti-Defamation League of B'nai B'rith, Las Angeles, CA, amici in support of defendants-appellees.

Before HALL, WARDLAW and BERZON, Circuit Judges.

Opinion by Judge WARDLAW; Concurrence by Judge HALL; Partial Concurrence and Partial Dissent by Judge Berzon.

OPINION

WARDLAW, Circuit Judge.

In this private right of action under the Equal Access Act (the "Act") and the First Amendment, Tausha Prince, an eleventh grade student at a Bethel School District ("School District") public high school, challenges the school's refusal to allow her Bible club to meet as an Associated Student Body ("ASB") club...

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