Corales

I. Background

On Tuesday, March 28, 2006, Anthony Soltero, an eighth- grade, fourteen-year-old student at De Anza Middle School (De Anza), Annette Prieto, and “one or two” other middle school students walked out of school around 8:30 or 9:00 in the morning.1 They did not have prior permission from the school or their parents. They left school to participate in pro- tests against the impending passage of federal immigration legislation that would have made it a crime to assist or help undocumented immigrants. In addition to Annette’s deposi- tion, Plaintiffs submitted Annette’s handwritten account of the events of the week, which was written a few weeks after the incident at the direction of De Anza’s principal. Annette testi- fied in her deposition that the students’ plan was to walk to nearby Ontario High School and to participate with other stu- dents in a protest. She testified that “mostly the whole schools, like, everybody in the schools were walking out and getting cited for it. Everybody was missing a lot of school because of that.”2 When they got to Ontario High School however, no one was there. They noticed the school was on 1 Because we review the district court’s…