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B.H. EX REL. HAWK v. EASTON AREA SCHOOL DIST.

No. 11-2067.

725 F.3d 293 (2013)

B.H., a Minor, by and through her Mother; Jennifer HAWK; K.M., a Minor by and through her Mother; Amy McDonald-Martinez v. EASTON AREA SCHOOL DISTRICT, Appellant.

United States Court of Appeals, Third Circuit.

Opinion filed: August 5, 2013.

Rehearing En Banc Ordered on August 16, 2012.

Argued En Banc February 20, 2013.

Attorney(s) appearing for the Case

Keely J. Collins , John E. Freund, III [argued], Jeffrey T. Tucker , King, Spry, Herman, Freund & Faul, Bethlehem, PA, for Appellant.

Seth F. Kreimer , University of Pennsylvania School of Law, Mary Catherine Roper [argued], American Civil Liberties Union of Pennsylvania, Molly M. Tack-Hooper , Berger & Montague, Philadelphia, PA, Witold J. Walczak , American Civil Liberties Union, Pittsburgh, PA, for Appellees.

Sean A. Fields , Pennsylvania School Boards Association, Mechanicsburg, PA, for Amicus Appellant.

Rory Wicks , Gary L. Sirota , Encinitas, CA, Amy R. Arroyo , Carlsbad, CA, Frank D. LoMonte , Laura Napoli , Student Press Law Center, Arlington, VA, Wilson M. Brown, III , Kathryn E. Deal , Drinker, Biddle & Reath, Wayne Pollock , Dechert LLP, Terry L. Fromson , Carol E. Tracey , Women's Law Project, David L. Cohen , Philadelphia, PA, for Amici Appellees.

Before: McKEE, Chief Judge, SLOVITER, SCIRICA, RENDELL, AMBRO, FUENTES, SMITH, FISHER, CHAGARES, JORDAN, HARDIMAN, GREENAWAY, JR., VANASKIE, and GREENBERG, Circuit Judges.

OPINION

SMITH, Circuit Judge, with whom McKEE, Chief Judge, SLOVITER, SCIRICA, RENDELL, AMBRO, FUENTES, FISHER, and VANASKIE, Circuit Judges join.

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