Skip to main content

Are you a legal professional? Visit our professional site

Please enter a legal issue and/or a location
Begin typing to search, use arrow keys to navigate, use enter to select

Denial of Motion to Dismiss in Elementary School Free Speech Case Upheld

By FindLaw Staff on July 01, 2010 10:44 AM

Morgan v. Swanson, No. 09-40373, concerned an action alleging that defendant elementary school officials banned the distribution of religious materials.  The court of appeals affirmed the denial of defendants' motion to dismiss based on qualified immunity, holding that the First Amendment protected elementary school students from religious-viewpoint discrimination.

As the court wrote:  "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."

Related Resources

You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help

Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.

Or contact an attorney near you:
Copied to clipboard

Find a Lawyer

More Options