Lopez

Mary L. Dowell and David A. Urban, Liebert Cassidy Whitmore, P.C., Los Angeles, CA, for the appellants.

David J. Hacker and Heather G. Hacker, Alliance Defense Fund, Folsom, CA; David A. French, Alliance Defense Fund, Columbia, TN, for the appellee.

Sam Kim and Michael L. Parker, Sam Kim and Associates, P.C., Buena Park, CA, for the appellee.

Before: RONALD M. GOULD, SANDRA S. IKUTA and N. RANDY SMITH, Circuit Judges.

The opinion filed September 17, 2010, is amended as follows:

At Op. 793, line 17: Before "Because Lopez fails to establish ..." insert: McCauley v. University of Virgin Islands, 618 F.3d 232, 238-39 (3rd Cir.2010), alter this conclusion. McCauley held that a student disciplined for violating a provision in the student code of conduct had standing to bring a First Amendment challenge not only to that provision, but also to other provisions that had not caused him any injury, on the ground that they had the potential to chill the speech of other students. Id. at 238 . Although the Supreme Court has held that plaintiffs may raise the First Amendment rights of third parties in certain narrow circumstances (namely, where plaintiffs have suffered an injury, but not an…