Appeals court rules against Plano ISD in Christian candy cane case11:55 AM CT
12:30 PM CDT on Thursday, July 1, 2010
Two Plano school principals violated the Constitution when they confiscated Christian-themed materials, including candy cane pens, that students planned to hand out at school, an appeals court has ruled.
The 5th U.S. Circuit Court of Appeals in New Orleans on Wednesday ruled that the principals could be held liable for taking away the items. The principals had argued that the First Amendment doesn't extend to students distributing noncurricular items at school.
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"They are wrong," the judges wrote.
The principals "had fair warning that the suppression of student-to-student distribution of literature on the basis of religious viewpoint is unlawful under the First Amendment," three judges concluded in a sometimes strongly worded decision.
Josh Skinner, the principals' attorney, said he was disappointed by the