"CHRISTIAN CANDY CANE": U.S. Supreme Court Throws Out Case

The U.S. Supreme Court this past Monday, June 11th, 2012, declined to hear the so-called "Christian Candy Cane" case out of Plano, Texas.

The case, Morgan, et al. v. Swanson, et al., No. 09-40373 (U.S. Sup. Ct.), follows an earlier decision of the U.S. Court of Appeals for the Fifth Circuit that two Plano, Texas school principals accused of restricting the free speech of elementary students were shielded from being sued based upon the defense of qualified immunity.

The case began in 2004 when self-described evangelical elementary students from the Plano Independent School District (Plano ISD) and their parents filed a complaint in the U.S. District Court for the Eastern District of Texas against Plano ISD and some of its employees based on claims that elementary school administrators restricted their rights to free speech by prohibiting the students from distributing religious-themed gifts at their schools, such as candy=cane shaped pens along with a card which read, "So, every time you see a candy cane, remember the message of the candy maker: Jesus Is The Christ!"

In other instances, the school principals prevented students from distributing "Passion of the Christ" play )theater) tickets and pencils with the message, "Jesus loves me this I know, for the Bible tells me so" on public school grounds.

In 2011, the New Orleans-based 5th U.S. Circuit Court of Appeals found the principals were within their rights in stopping the candy canes, but also found restrictions on student speech unconstitutional.

The principals were exempt under "qualified immunity," which protects government officials from violating a law that is not "clearly established."

The Supreme Court's decision not to intervene means that ruling stands.

[www.prnewswire.com/news-releases/us-supreme-court; June 11, 2012; www.baptiststandard.com/index.php, June 13, 2012]