The 5th U.S. Circuit Court of Appeals ventured into the “culture war” on Wednesday, hearing an interlocutory appeal by two public school principals who say they are immune from liability in a civil suit that alleges they prevented the distribution of religious gifts by students in public elementary schools.

Doug Morgan, et al. v. Lynn Swanson, et al. involves an issue of first impression for the 5th Circuit: Does the free-speech clause of the First Amendment protect student-to-student distribution of religious, noncurricular materials in public elementary schools?

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