After ten years of litigation and three written decisions on the matter from the 5th U.S. Circuit Court of Appeals, one might assume the justice system is finished with the so-called "candy cane" case. And one would assume wrong.
On July 25, the 5th Circuit issued its fourth decision on the religious freedom case in which the parents of a then-third grader alleged that their First Amendment rights had been violated in 2003 when the school district refused to let their boy distribute a candy cane ink pen with a religious message at an on-campus winter break party. [See " Principals Prevail in En Banc 5th Circuit Candy Cane Case" Texas Lawyer, Oct. 3, 2011, page 1.]
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