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CHIRAS v. MILLER

No. 04-10998.

432 F.3d 606 (2005)

Daniel CHIRAS, Individually; et al., Plaintiffs, Daniel Chiras, Individually; and Consuelo Rodriguez as Next Friend of Rocio Rodriguez, Individually and on Behalf of Others Similarly Situated, Plaintiffs-Appellants, v. Geraldine MILLER, in Her Official Capacity as Chair of the State Board of Education; David Bradley, in His Official Capacity as a Member of the State Board of Education and in His Individual Capacity; Don McLeroy, in His Official Capacity as a Member of the State Board of Education and in His Individual Capacity; Dan Montgomery, in His Official Capacity as a Member of the State Board of Education; Cynthia Thornton; in Her Official Capacity as a Member of the State Board of Education and in Her Individual Capacity; and Grace Shore, in Her Individual Capacity, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

December 12, 2005.

Attorney(s) appearing for the Case

Steve Baughman Jensen (argued), Baron & Budd, Dallas, TX, Rebecca Epstein, Adele Phyllis Kimmel, Trial Lawyers for Pub. Justice, Washington, DC, for Plaintiffs-Appellants.

Lars Hagen (argued), Austin, TX, for Defendants-Appellees.

Scott Masur McElhaney, Jackson Walker, Dallas, TX, Clark Willis Richards, Jackson Walker, Austin, TX, for Delfattore and Ravitch, Amici Curiae.

Joseph A. Sullivan, Seth Kramer, Glenn Allen Beard, Pepper Hamilton, Philadelphia, PA, Mary Ellen Roy, J. Michael Monahan, II, Phelps Dunbar, New Orleans, LA, for Student Press Law Ctr., Amicus Curiae.

Jonathan Bloom, Weil, Gotshal & Manges, New York City, Gregory Scott Coleman, Weil, Gotshal & Manges, Austin, TX, for American Booksellers Foundation for Free Expression, Freedom to Read Foundation and National Coalition Against Censorship, Amici Curiae.

Before KING, Chief Judge, DAVIS, Circuit Judge, and FITZWATER, District Judge.

W. EUGENE DAVIS, Circuit Judge:

Appellants Chiras, a textbook author, and Rodriguez, a high school student, challenge the district court's Rule 12(b)(6) dismissal of their action alleging that the Texas State Board of Education violated the Free Speech Clause of the First Amendment when it refused to approve Chiras' environmental science textbook for state funding. Because we find that the Appellants do not state a violation of the First Amendment, we affirm the district...

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