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DARIANO v. MORGAN HILL UNIFIED SCHOOL DIST.

No. 11-17858.

745 F.3d 354 (2014)

John DARIANO; Dianna Dariano, on behalf of their minor child, M.D.; Kurt Fagerstrom; Julie Ann Fagerstrom, on behalf of their minor child, D.M.; Kendall Jones; Joy Jones, on behalf of their minor child, D.G., Plaintiffs-Appellants, v. MORGAN HILL UNIFIED SCHOOL DISTRICT; Nick Boden, in his official capacity as Principal, Live Oak High School; Miguel Rodriguez, in his individual and official capacity as Assistant Principal, Live Oak High School, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed February 27, 2014.

Attorney(s) appearing for the Case

Robert J. Muise (argued), American Freedom Law Center, Erin Mersino , Thomas More Law Center, Ann Arbor, MI; William J. Becker, Jr. , The Becker Law Firm, Los Angeles, CA; for Plaintiffs-Appellants.

Don Willenburg (argued), Mark S. Posard , and Alyson S. Cabrera , Gordon & Rees LLP, San Francisco, CA, for Defendants-Appellees.

Before: SIDNEY R. THOMAS and M. MARGARET McKEOWN, Circuit Judges, and VIRGINIA M. KENDALL, District Judge.

OPINION

McKEOWN, Circuit Judge:

We are asked again to consider the delicate relationship between students' First Amendment rights and the operational and safety needs of schools. As we noted in Wynar v. Douglas County School District, 728 F.3d 1062, 1064 (9th Cir.2013), "school administrators face the daunting task of evaluating potential threats of violence and keeping their students safe without impinging on their...

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