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FLORIO v. GALLAUDET UNIVERSITY

No. 22-7117.

119 F.4th 67 (2024)

Michelle FLORIO, as personal representative of the Estate of Steven Florio, deceased, et al., Appellants v. GALLAUDET UNIVERSITY, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided October 4, 2024.

Attorney(s) appearing for the Case

Christopher E. Mills, appointed by the court, argued the cause and filed the supplemental briefs as amicus curiae in support of appellants.

Clifford J. Zatz argued the cause and filed the supplemental brief for appellees Gallaudet University, et al.

Nicholas G. Gamse argued the cause for appellee WP Company, LLC. With him on the supplemental brief were Thomas G. Hentoff, Anna Johns Hrom, and Mary E. Goetz.

Concurring opinion filed by Circuit Judge Henderson.

In 1989, thirty-four members of the Kappa Gamma fraternity at Gallaudet University were photographed together performing the Bellamy salute, which was created in the late 19th century for the Pledge of Allegiance. Unfortunately, it now also resembles the Nazi salute. Thirty years after the photograph was taken, the president...

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