A public high school didn’t violate the Fourteenth Amendment rights of two students when it failed to quell a bully, an en banc panel of the U.S. Court of Appeals for the Third Circuit held.

In Morrow v. Balaski, a case out of the Western District of Pennsylvania, the appeals court revisited precedent it established 20 years ago and, in a split opinion, held that it got it right the first time around.