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A. M. v. Cash

The Supreme Court decision Tinker v. Des Moines Independent Community School District held that administrators may proscribe speech if there are facts that might reasonably have led school authorities to forecast substantial disruption of or material interference with school activities. Here, the racial tension and hostility at the school justified the ban on visible displays of the Confederate flag in this case. 5th U.S. Circuit Court of Appeals, No. 08-10477, 10-09-2009

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Published opinion

Before GARWOOD, DENNIS, and PRADO, Circuit Judges.

Plaintiffs are current and former students of Burleson High School, located in Burleson, Texas. In response to previous incidents, the high school adopted a policy prohibiting the display of the Confederate flag on school grounds. When plaintiffs A.M. and A.T. came to school at the beginning of the spring 2006 semester carrying purses adorned with large images of the Confederate battle flag, administrators required them to cease carrying the purses (giving them the option of leaving the purses in the administrative offices until school ended for the day, or to have someone come and pick the purses up from the school). The girls voluntarily went home for the day rather than comply with the demand. Plaintiffs then brought the instant action, seeking damages and permanent injunctive relief on grounds, inter alia, that the policy and its enforcement abridges the right to free speech and expression guaranteed by the First and Fourteenth Amendments of the United States Constitution. The district court granted summary judgment to defendants, based primarily on its conclusion that the ban is permissible under the Supreme Court’s decision in Tinker v. Des Moines Independent Community School District, 393 U.S. 503 (1969). For the reasons set forth below, we affirm.

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