5th Circuit Hears Oral Arguments In Religious Candy Cane Lawsuit

On Wednesday, the U.S. 5th Circuit Court of Appeals heard oral arguments in Moran v. Plano Independent School District. (Audio recording of oral arguments.) Last December, the 5th Circuit remanded to the district court the question of whether school rules in effect prior to 2005 that restricted the distribution of materials by students were constitutional. The rules were challenged after they were applied to bar a students from distributing religious themed candy cane pens. While new rules adopted in 2005 were upheld, the question of nominal damages against school officials for enforcing the old rules remained open. (See prior posting.) The district court on remand ruled against school officials. As reported by the Dallas Morning News, the appeal argued Wednesday focused on the question of whether the school principals involved had qualified immunity for their conduct. This turns on whether constitutional rules regarding the free speech rights of elementary school students to distribute non-curricular materials were "clearly established." During oral arguments, both sides avoided answering a question from Judge Catharina Hayes, who asked: "Why does Plano seem to have so many issues?" Liberty Institute, which represents the students in the case, issued a press release on the oral arguments.