A party seeking preliminary injunctive relief must satisfy four factors: (1) a likelihood of success on the merits; (2) a likelihood that the movant will suffer irreparable harm in the absence of preliminary relief; (3) that the balance of equities tips in the movant’s favor; and (4) that the injunction is in the public interest. [...] Under authority from the United States Court of Appeals for the Tenth Circuit (“Tenth Circuit”), such a disfavored injunction “must be more closely scrutinized to assure that the exigencies of the case support the granting of a remedy that is extraordinary even in the 4 The Board of Education Policy IMDB provides that “District employees and students have the right to reasonably display the flag o. [...] Count I: First Amendment Violation5 The First Amendment to the United States Constitution provides: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. [...] To the extent that graduation regalia is school-sponsored speech, as the Court has found, the School District is permitted to restrict that speech as it sees fit in the interest of the kind of graduation it would like to hold. [...] Under Hazelwood, it is not the Court’s role to override the School District’s judgment as to the values furthered by its graduation ceremony, subject the efficacy of the School District’s pursuit of those values to heightened scrutiny, or interrogate every facet of the School District’s approach to graduation attire to see if it passes muster.
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- 19
- Published in
- United States of America
