K.A. was a fifth-grade student
at the Barrett Elementary Center of the Pocono Mountain School District (the ―School
District‖), who was prohibited from distributing invitations to her classmates
to a Christmas party at her church.
Her father filed suit on K.A.‘s
behalf, alleging that the School District had violated her First and Fourteenth
Amendment rights. The District Court, applying the test announced in Tinker
v. Des Moines Independent Community School District, 393 U.S. 503 (1969),
and finding no evidence that distribution of the invitations would threaten a ―substantial
disruption‖ of the school environment or interfere with the rights of others, id.
at 514, granted K.A.‘s motion for preliminary injunctive relief.
For the following reasons, we
will affirm the District Court.
