In Barber v. Rounds, (5th Cir., March 9,2026), the U.S. 5th Circuit Court of Appeals held that Texas high school principal Bryan Rounds does not have qualified immunity as to a teacher's First Amendment claims in a suit challenging his prohibition on teachers' engaging in any prayer that students might observe. The dispute grew out of the principal cautioning teachers in connection with a staff "See You At the Flagpole" event. The court said in part:
Barber asserts that the complaint alleges a blanket prohibition by Rounds on teachers engaging in any prayer that students might observe—regardless of whether the prayer was connected to a student-led event. Rounds, on the other hand, urges a narrower, contextual reading: that his directives were limited to ensuring teachers did not participate in the student-initiated SYATP gathering.
Barber’s reading is consonant with the complaint’s language. Her pleading alleges that Rounds told her she could not pray “in the presence of students” and could not engage in prayer where she would be “visible to students,” even away from the flagpole and even “when the teachers [are] not on school time.” ...
The second question is whether the First Amendment rights at issue were clearly established when Rounds’s challenged conduct occurred....
Barber contends that Kennedy [v. Bremerton School District] supplied the requisite clarity. Again, it does. As Barber points out, Kennedy expressly rejected the proposition that religious expression by a public-school employee may be restricted merely because students might observe it. The Kennedy Court rejected the rule that “visible religious conduct by a teacher or coach” may “be deemed—without more and as a matter of law—impermissibly coercive on students.” 597 U.S. at 540.
Vital Law reports on the decision.