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MORGAN v. SWANSON

No. 09-40373.

610 F.3d 877 (2010)

Doug MORGAN; Robin Morgan; Jim Shell; Sunny Shell; Sherrie Versher; Christine Wade, Plaintiffs-Appellees, v. 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.

June 30, 2010.

Attorney(s) appearing for the Case

William Charles Bundren (argued), Wm. Charles Bundren & Associates, Frisco, TX, Hiram S. Sasser, Liberty legal Institute, Plano, TX, Clyde Moody Siebman, Siebman, Burg, Pjillips & Smith, L.L.P., Sherman, TX, for Plaintiffs-Appellees.

Thomas Phillip Brandt (argued), Joshua Alan Skinner, Fanning Harper Martinson Brandt & Kutchin, P.C., Dallas, TX, Charles J. Crawford, Abernathy, Roeder, Boyd & Joplin, P.C., McKinney, TX, for Defendants-Appellants.

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

Paul D. Clement (argued), Ashley charles Parrish, King & Spalding, L.L.P., Washington, DC, for Gathie Barnett Edmonds, Marie Barnett Snodgrass, Amici Curiae.

Before DeMOSS, ELROD and HAYNES, Circuit Judges.

JENNIFER WALKER ELROD, Circuit Judge:

This appeal arises from the district court's denial of Lynn Swanson and Jackie Bomchill's (Appellants) Second Motion to Dismiss based on qualified immunity. Appellants argue, as they did below, that the First Amendment does not apply to elementary school students. Because it has been clear for over half a century that the First Amendment protects elementary school students from religious-viewpoint discrimination, we AFFIRM.

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