Federal Judges To Hear Plano ‘Candy Cane Case’

By Marianne Martinez, CBS 11 News

PLANO (CBSDFW.COM) – Do young children have First Amendment rights? Federal judges in New Orleans will hear a case Monday morning that could answer that question. Dubbed the ‘Candy Cane Case,’ it all started when a student in the Plano Independent School District was told that he was not allowed to hand out candy canes with religious messages attached.

Officials with the Plano ISD said that they were simply following a district-wide policy that prevents students from distributing religious materials. But as a result, a group of families sued the school district.

The 2004 lawsuit lists several examples of students being prohibited from promoting their beliefs. The young boy was told that he could not pass out candy canes that were tagged with religious messages. In another instance, a little girl was threatened for handing out tickets to an after-school play with a religious theme. Students were also told not to write the words “Merry Christmas” on cards being sent to troops serving overseas.

In a 3-0 decision last year, the same court ruled that two Plano ISD principals violated the constitutional rights of the students. The attorney representing the principals asked the court to re-hear the case before all 17 judges on the Fifth Circuit of Appeals. Although this typically only happens when a case has national implications, it will happen in the ‘Candy Cane Case’ at 10:00 a.m. Monday morning.

Meanwhile, the case has caused the Plano ISD to alter its policy, now allowing students to hand out religious-themed items during non-classroom times, like at recess.

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