The Fifth Circuit sent the case back to the district court, where the NAE filed a second brief in Morgan v. Swanson. The district court awarded monetary damages to the plaintiffs, so the defendants appealed. On appeal, the Fifth Circuit gave a strong affirmation of the free speech principle saying that “the First Amendment protects all students from viewpoint discrimination against private, non-disruptive, student-to-student speech.” However, the Circuit also set aside the damage award against the two school principals based on the defense of immunity.