Curry v. Hensinger

Summary

Joel Curry, a fifth-grade student, was barred from “selling” candy cane ornaments to fellow students as part of a classroom marketing project. He was not permitted to participate until he removed an attached pamphlet explaining the religious symbolism of the candy cane. Following ADF attorney’s filing of a lawsuit on behalf of Curry in 2004, the U.S. Department of Justice submitted a friend-of-the-court brief on his behalf in support of the case. In 2006, a federal judge ruled that school officials violated Curry’s First Amendment rights; however, a three-judge panel of the 6th Circuit disagreed with that conclusion in its Feb. 2008 ruling. ADF attorneys then filed a petition with the U.S. Court of Appeals for the 6th Circuit asking for the full court to review the case.

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