5th Circuit OK's School Rules on Student Distribution of Materials

In Morgan v. Plano Independent School District, (5th Cir., Dec. 1, 2009), the U.S. 5th Circuit Court of Appeals found that rules adopted in 2005 by a Texas school district restricting student distribution of written materials are constitutional, at least on their face. The lawsuit was filed when students, under a 2004 version of school rules, were prohibited from distributing religious themed pencils and candy canes, as well as tickets to church musical and drama programs. Under the modified rules adopted in 2005, students can distribute materials before and after school and at recess, at 3 annual parties and during school hours from designated tables. Middle and high school students can also distribute materials in halls and cafeterias during non-instructional times. The court concluded that these are reasonable, content-neutral restrictions aimed at providing a focused learning environment. They are narrowly tailored and leave open sufficient alternate channels of communication. The court, however, remanded to the district court the issue of whether the 2004 restrictions were constitutional, saying that plaintiffs' request for nominal damages prevents that challenge from being moot. AP yesterday reported on the decision.