Schools’ Confiscation of Candy Cane Pens Was Unconstitutional, 5th Circuit Says
Two Texas school principals may be liable for violating students’ constitutional rights by confiscating candy cane pens and other Christian materials that the children planned to distribute, a federal appeals court has ruled.
The New Orleans-based 5th U.S. Circuit Court of Appeals ruled the principals interfered with the students’ clearly established First Amendment rights, and the officials are not entitled to qualified immunity, the Dallas Morning News reports. “It has been clear for over half a century that the First Amendment protects elementary school students from religious-viewpoint discrimination,” the opinion (PDF) said.
The candy cane pens had cards attached to them explaining the Christian origin of the candies. Students also tried to distribute pencils inscribed with the phrase, “Jesus is the reason for the season.”
Students had put the pens and pencils in “goodie bags” to be exchanged during winter break parties at school.
