Cole

Ferrin Cole and Chris Niemeyer were students at Oroville High School (“Oroville”) who graduated in 1998. They claim the Oroville Union High School District (“District”) violated their freedom of speech by refusing to allow Niemeyer to give a sectarian, proselytizing valedictory speech and Cole to give a sectarian invocation at their graduation. We conclude the students’ equitable claims are moot because Niemeyer and Cole have graduated, and their damage claims fail because the District officials’ actions were reasonably taken to avoid violating the Establishment Clause of the First Amendment. As to the other parties who were added to the students’ lawsuit — Chris Niemeyer’s brother, Jason, and various Oroville students, parents and others — we conclude they lack standing either because they, too, have graduated or because the likelihood of their being selected to speak at a graduation or their attending a future graduation where some student speaker will attempt to offer a sectarian speech or invocation is too speculative to satisfy the injury-in-fact requirement of Article III. We thus affirm the district court’s summary judgment in favor of all appellees.

*1096 FACTUAL and…