United States Fifth Circuit

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A.M. v. Cash, 08-10477

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


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


  • United States Fifth Circuit


  • 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.