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successfully establishes all four Canal Authority prongs, the decision of whether or not to grant or
deny a preliminary injunction remains discretionary with the court. Hull v. Quitman County Bd. Of
Educ., 1 F. 3d 1450, 1453 (5th Cir. 1993)(citing Roho, Inc. v. Marquis, 902 F. 2d 356, 358 (5th Cir.
The present controversy involves attendance at a school prom by a female student who wants
to attend the prom with her female date dressed in male attire. The two students are admittedly gay
and wish to challenge the Itawamba Agricultural High School’s (IAHS) rule that does not allow
same sex couples to attend the prom as dates. That rule has been in effect for over twenty years and
was originally intended to serve as a means of minimizing consumption of alcohol at school social
events and functions by preventing male students from bringing to such school social functions
other male students who did not attend the school and thereby turn the event into a party. In the case
at bar, when the students were denied permission to attend, the matter became publicized nationally
and became a controversial, disruptive and divisive issue in the school and the community. The
matter was placed in the lap of the lay board, with advice from its attorneys, to determine how to
handle this controversy.
With each passing day, the matter has become more divisive and more disruptive in the
school and the community. The matter became so divisive and disruptive to the efficient operation
of the school that the Board of Education decided not to delay further discussion of withdrawing
District sponsorship of the event. To the extent that Plaintiff claims her First Amendment rights
have been violated by the Board of Education’s decision, a school may regulate speech where school
officials can “reasonably ... forecast substantial disruption of or material interference with school
activities.” Tinker v. Des Moines Independent Community School District, 393 U.S. 503, 514 (1969);
cf. Hazelwood School District v. Kuhlmeier, 484 U.S. 260, 266 (1988).