Doug Morgan v. Plano Independent School District

JENNIFER WALKER ELROD, Circuit Judge:

This appeal arises from the district court’s denial of Lynn Swanson and Jackie Bomchill’s (Appellants) Second Motion to Dismiss based on qualified immunity. Appellants argue, as they did below, that the First Amendment does not apply to elementary school students. Because it has been clear for over half a century that the First Amendment protects elementary school students from religious-viewpoint discrimination, we AFFIRM.

I

Appellees allege that “[Appellants] have in the past, and continue in the present, to ban the distribution of religious messages by…