Jay A. Sekulow , American Center for Law & Justice, Washington, DC, for American Center for Law and Justice, Amicus Curiae.
Christopher Blewer Gilbert , Thompson & Horton, L.L.P., Houston, TX, for Texas Ass'n of School Boards Legal Assistance Fund and National School Board Ass'n, Amici Curiae.
J. Brett Busby , Bracewell & Giuliani, L.L.P., Houston, TX, for Arc of Dallas, Amicus Curiae.
Frederick W. Claybrook, Jr. , Crowell & Moring, L.L.P., Washington, DC, for Christian Legal Society, National Ass'n of Evangelicals and Becket Fund for Religious Liberty, Amici Curiae.
Darren Lee McCarty , Alston & Bird, L.L.P., Dallas, TX, for Claremont Institute for the Study of Statesmanship and Political Philosophy, Amicus Curiae.
Before JONES, Chief Judge, and KING, JOLLY, DAVIS, SMITH, GARZA, DeMOSS, BENAVIDES, STEWART, DENNIS, CLEMENT, PRADO, OWEN, ELROD, SOUTHWICK and HAYNES, Circuit Judges.
United States Court of Appeals, Fifth Circuit.
BENAVIDES, Circuit Judge:
This is a qualified immunity appeal that asks us to decide whether defendant school principals violated clearly established law when they restricted elementary students from distributing written religious materials while at school. Answering this question requires recourse to a complicated body of law that seeks, often clumsily, to balance a number of competing First Amendment imperatives. This body of law failed to place the constitutionality...
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