Taylor v. Roswell Independent School District

Seth Taylor and four other high school students (plaintiffs) belonged to a religious group called Relentless. In 2009, the group began an outreach campaign at school, distributing candy and other items with religious messages to students and faculty. The Roswell Independent School District (Roswell) (defendant) had two policies regarding distribution of non-school-related materials on campus. A written policy required advance permission to distribute promotional items or advertisements. A long-standing unwritten policy required permission to distribute any non-school-sponsored literature. The Relentless students did not obtain permission but were not disciplined or asked to stop. The distributions did not cause any disruptions. In 2010, Relentless distributed 2,500 small rubber dolls, each of which was attached to a card explaining that the doll was the actual size and weight of a 12-week-old human fetus. Many students pulled the dolls apart, threw parts of them onto the ceilings where they became stuck, threw them at other students, lit them on fire, and otherwise caused disruptions. When the Relentless students announced plans to distribute the dolls again two weeks later, administrators stopped the planned distribution and threatened discipline. On the same day, students were permitted to distribute Valentine’s Day–related items, which did not cause any disruptions. Taylor sued, arguing that prohibiting the doll distribution violated his First Amendment rights. The district court granted summary judgment to Roswell, and Taylor appealed.