MORGAN v. PLANO INDEPENDENT SCHOOL DIST.

No. 08-40707.

589 F.3d 740 (2009)

Doug MORGAN; Robin Morgan; Jim Shell; Sunny Shell; Sherrie Versher; Christine Wade, Plaintiffs-Appellants-Cross-Appellees, v. PLANO INDEPENDENT SCHOOL DISTRICT, Defendant-Appellee-Cross-Appellant, and Lynn Swanson, in her individual capacity and as Principal of Thomas Elementary School; Jackie Bomchill, in her individual capacity and as Principal of Rasor Elementary School, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

December 1, 2009.


Attorney(s) appearing for the Case

William Charles Bundren (argued), Wm. Charles Bundren & Associates, Frisco, TX, Hiram S. Sasser, Kelly J. Shackelford, Chief Counsel, Liberty Legal Institute, Plano, TX, for Plaintiffs-Appellants-Cross-Appellees.

Richard M. Abernathy, Charles J. Crawford, Director, Abernathy, Roeder, Boyd & Joplin, P.C., McKinney, TX, Gregory Scott Coleman (argued), Richard Bernard Farrer, Christian Jared Ward, Yetter, Warden & Coleman, L.L.P., Austin, TX, for Plano Independent Sch. Dist.

Aaron Michael Streett, Baker Botts, L.L.P., Houston, TX, Ryan L. Bangert, Baker Botts, L.L.P., Dallas, TX, for Claremont Institute for the Study of Statesmanship & Political Philosophy, Amicus Curiae.

Walter M. Weber, Am. Ctr. for Law & Justice, Washington, DC, for Am. Ctr. for Law & Justice, Amicus Curiae.

Darren Lee McCarty, Alston & Bird, Dallas, TX, for Christian Legal Society, Amicus Curiae.

Steven W. Fitschen, Nat. Legal Found., Virginia Beach, VA, for Wallbuilders, Inc., Amicus Curiae.

Christopher Blewer Gilbert, Thompson & Horton, L.L.P., Houston, TX, for Texas Ass'n of Sch. Boards Legal Assistance Fund, Amicus Curiae.

Before KING, HIGGINBOTHAM and CLEMENT, Circuit Judges.


PATRICK E. HIGGINBOTHAM, Circuit Judge:

This is a First Amendment challenge to the facial validity of school rules for student distribution of written materials.

I

Four families with students in Plano Independent School District schools allege that over a three-year period students were not permitted to distribute various religious materials, including pencils inscribed with "Jesus is the reason for the season," candy canes with cards describing...

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