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DePinto v. Bayonne Board of Education

DePinto v. Bayonne Board of Education

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Case 2:06-cv-05765-JAG-MCA Document 18 Filed 09/19/2007 Page 28 <strong>of</strong> 28<br />

CONCLUSION<br />

For the reasons stated above, this Court grants Plaintiffs’ motion for a preliminary<br />

injunction. However, it should be noted that this Court’s ruling is very narrow. Under this<br />

preliminary injunction, M.D. and A.L. are allowed to wear the Button. This injunction does not<br />

13<br />

allow Plaintiffs to distribute the Button at school, nor does it curtail the ability <strong>of</strong> the school to<br />

take action if wearing the Button runs afoul <strong>of</strong> this Court’s Tinker analysis.<br />

Dated: September 17, 2007<br />

S/Joseph A. Greenaway, Jr.<br />

JOSEPH A. GREENAWAY, JR., U.S.D.J.<br />

13 M.D. was asked by school <strong>of</strong>ficials not to distribute the buttons in school. Counsel for<br />

Plaintiffs, at oral argument, indicated that Plaintiffs were not challenging this request.<br />

28

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