United States Fifth Circuit

In a First Amendment action challenging a school's prohibition on displaying the Confederate flag, summary judgment for defendants is affirmed where: 1) defendants reasonably anticipated that visible displays of the Confederate flag would cause substantial disruption of, or material interference with, school activities; 2) the policy gave students adequate notice of what clothing was prohibited; and 3) plaintiffs failed to provide evidence that the ban was enforced unequally.

Appellate Information

• Decided 10/09/2009
• Published 10/09/2009

Judges

• DENNIS, Circuit Judge:, Before GARWOOD, DENNIS and PRADO, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Kirk David Lyons (argued), Black Mountain, NC, for Plaintiffs-Appellants.


• For Appellees:
  
• Charles J. Crawford (argued), Abernathy, Roeder, Boyd & Joplin, McKinney, TX, for Defendants-Appellees.