United States Fifth Circuit

In a First Amendment challenge to the facial validity of school rules for elementary school student distribution of written materials, summary judgment for defendants is affirmed in part where the school district had a significant legitimate interest that was furthered by the regulations because the regulations were aimed at providing a focused learning environment for the district's students. However, the case is remanded where plaintiffs' claim for nominal damages as part of their as-applied challenge avoided mootness.

Appellate Information

• Decided 12/02/2009
• Published 12/02/2009

Judges

• PATRICK E. HIGGINBOTHAM, Circuit Judge:, Before KING, HIGGINBOTHAM and CLEMENT, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Richard M. Abernathy, Charles J. Crawford, Director, Abernathy, Roeder, Boyd & Joplin, P.C., McKinney, TX, Gregory Scott Coleman (argued), Richard Bernard Farrer, Christian Jared Ward, Yetter, Warden & Coleman, L.L.P., Austin, TX, for Plano Independent Sch. Dist., Aaron Michael Streett, Baker Botts, L.L.P., Houston, TX, Ryan L. Bangert, Baker Botts, L.L.P., Dallas, TX, for Claremont Institute for the Study of Statesmanship & Political Philosophy, Amicus Curiae., Walter M. Weber, Am. Ctr. for Law & Justice, Washington, DC, for Am. Ctr. for Law & Justice, Amicus Curiae., Darren Lee McCarty, Alston & Bird, Dallas, TX, for Christian Legal Society, Amicus Curiae., Steven W. Fitschen, Nat. Legal Found., Virginia Beach, VA, for Wallbuilders, Inc., Amicus Curiae., Christopher Blewer Gilbert, Thompson & Horton, L.L.P., Houston, TX, for Texas Ass'n of Sch. Boards Legal Assistance Fund, Amicus Curiae.


• For Appellees:
  
• William Charles Bundren (argued), Wm. Charles Bundren & Associates, Frisco, TX, Hiram S. Sasser, Kelly J. Shackelford, Chief Counsel, Liberty Legal Institute, Plano, TX, for Plaintiffs-Appellants-Cross-Appellees.