The holidays are a time when we can set aside our differences and focus on what unites us as people. For kids, candy canes might be the common thread. For school principals, it's qualified immunity. For the Fifth Circuit Court of Appeals, it's a 100-page decision on First Amendment rights for kids and qualified immunity for the instructors who teach them.
In Morgan v. Swanson, better known as the Candy Cane case, the Fifth Circuit ruled that Texas elementary school students had a First Amendment right to engage in student-to-student religious speech, but school administrators who restricted their right to do so were protected by qualified immunity because the law is unclear on the extent of students' free speech rights.