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event or couldn t write merry christmas to the soldiers. when the school officials filed this appeal and said, look, we re immune from this suit because in our view, these kids are too young to have first amendment rights, we were blown away. we thought that is an outrageous argument and we won the original decision 3-0 at the federal court of appeals but there s a special procedure they invoked where all 17 said, you know what? we re not so sure. they dissolved the opinion and they re setting today to rehear that. usually that means there s a number of judges actually considering doing this. so this could affect every kid in the country and i think it s affecting the people without kids auto. au yeah and you re detailing the winding road that this case is taking. a lot of legal mind will be looking at this decision today and some big legal minds weighing in on your side. we have attorney ken starr representing and the former solicitor general under the bush administration. what does