Legal Opinion
Morgan v. Swanson
Court of Appeals for the Fifth Circuit
Decided September 27, 2011No. 09-40373PublishedCited by 569 opinions
1Opinion of the Court
BENAVIDES, Circuit Judge:
This is a qualified immunity appeal that asks us to decide whether defendant school principals violated clearly established law when they restricted elementary students from distributing written religious materials while at school. Answering this question requires recourse to a complicated body of law that seeks, often clumsily, to balance a number of competing First Amendment imperatives. This body of law failed to place the constitutionality of the defendants’ conduct beyond debate, so they are entitled to qualified immunity. Parts I through IV of this opinion,…
2Cases cited80 opinions
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- Anderson v. CreightonSupreme Court of the United States · 1987
- Mitchell v. ForsythSupreme Court of the United States · 1985
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3Cited by569 opinions
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