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"The Plaintiffs are likely to succeed on the merits in establishing that the Government has used its power to silence the opposition.... It is quite telling that each example or category of suppressed speech was conservative in nature.... [T]he evidence produced thus far depicts an almost dystopian scenario."

The non-controversial message of public television and education, as well as therapists, was to reassure children that their bodies—whether boy or girl—were as they should be: "Boy are boys right from the start. If you were born a boy, you stay a boy. Girls were girls right from the start. If you were born a girl, you stay a girl, and grow up to be a lady."