Dariano
Dariano v. Morgan Hill Unified School District
Opinion
Lead Opinion
Scannlain, J.
Order; Dissent to Order by
ORDER
The opinion filed on February 27, 2014, appearing at 745 F.3d 354 (9th Cir.2014), is hereby amended. An amended opinion is filed concurrently with this order.
With these amendments, the panel has voted to deny the petition for panel rehearing.
The full court has been advised of the petition for rehearing and rehearing en banc. A judge requested a vote on whether to rehear the matter en banc. The matter failed to receive a majority of votes of the nonreeused active judges in favor of en banc consideration. Fed. R.App. P. 35.
The petition for panel rehearing and petition for rehearing en banc are DENIED. No further petitions for en banc or panel rehearing shall be permitted.
Judge O’ Scannlain’s dissent from denial of rehearing en banc is filed concurrently with this Order.
The motion for en banc consideration of the motion of the Alliance Defending Freedom for leave to file an amicus brief is moot.
O’SCANNLAIN, Circuit Judge, joined by TALLMAN and BEA, Circuit Judges, dissenting from the denial of rehearing en banc:
The freedom of speech guaranteed by our Constitution is in greatest peril when the government may suppress speech simply…