Injunctive relief; Likelihood of success on the merits of a free speech claim; Whether defendant-school district’s gender identity policy conformed with the standards for regulating student speech established in Tinker v Des Moines Indep Cmty Sch Dist; “Compelled speech”; “Viewpoint discrimination”; Overbreadth challenge

In an order after a majority of the court voted for a rehearing en banc, the court vacated the original panel’s decision and judgment (see e-Journal 82035 in the 8/8/24 edition), stayed the mandate, and restored the case to the docket as a pending appeal. The original panel affirmed the district court’s denial of plaintiff-parent organization’s request to preliminarily enjoin defendant-school district’s gender-identity policies relating to pronoun use because it was unlikely to succeed on the merits of its free speech claim.