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K.A. EX REL. AYERS v. POCONO MOUNTAIN SCHOOL DIST.

No. 12-1728.

710 F.3d 99 (2013)

K.A., a minor, by and through her next friend, Michael AYERS v. POCONO MOUNTAIN SCHOOL DISTRICT, Appellant.

United States Court of Appeals, Third Circuit.

Filed: March 12, 2013.

Attorney(s) appearing for the Case

Keely J. Espinar, Esq. , [Argued], John E. Freund, III, Esq. , King, Spry, Herman, Freund & Faul, LLC, Bethlehem, PA, Counsel for Appellants.

David A. Cortman, Esq. , [Argued], John M. Sharp, Esq. , Alliance Defense Fund, Lawrenceville, GA, Jeremy D. Tedesco, Esq. , Alliance Defending Freedom, Scottsdale, AZ, Randall L. Wenger, Esq. , Independence Law Center, Harrisburg, PA, Counsel for Appellees.

William T. McEnroe, Esq. , Will W. Sachse, Esq. , Dechert LLP, Philadelphia, PA, Counsel for Amicus Curiae, the American Civil Liberties Union of Pennsylvania.

Before: HARDIMAN, GREENAWAY, JR., and VANASKIE, Circuit Judges.

OPINION OF THE COURT

VANASKIE, Circuit Judge.

K.A. was a fifth-grade student at the Barrett Elementary Center of the Pocono Mountain School District (the "School District"), who was prohibited from distributing invitations to her classmates to a Christmas party at her church. Her father filed suit on K.A.'s behalf, alleging that the School District had violated her First and Fourteenth Amendment rights. The District Court, applying the test announced in...

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