En Banc Rehearing Granted In Suit Over Student Distribution of Religious Themed Materials

Earlier this month, the U.S. 5th Circuit Court of Appeals issued an order granting an en banc rehearing in Morgan v. Swanson.  A 3-judge panel in the case refused to grant qualified immunity to two Plano, Texas elementary school principals who were sued for refusing to allow elementary school students to hand out religious-themed items during school parties and at other non-curricular times. Though the panel (in an amended opinion) added that the trial court might find immunity if the facts show that the students' activities were disruptive. (See prior posting.) [Thanks to Don Byrd for the lead.]