Update (Aug. 13): All remaining claims have been dropped in a nine-year court battle over a student's free expression in distributing candy cane-shaped pens at a class party.
Rather than tap into previous court decisions debating the reach of free expression vs. teachers' rights, an appellate court has dismissed the case. According to the judge, the plaintiff notified the school district of the suit via "fax, regular mail, and e-mail" instead of certified mail-return receipt. The Texas Religious Freedom Restoration Act, a key law in the argument of the case, requires such notification, a technicality that allowed the appellate court to reverse a previous decision by a district court.
Dissenting judge Jennifer Walker Elrod of the appellate court noted in her opinion that "the Texas Supreme Court arguably would disagree with the majority opinion's answer."
WASHINGTON (RNS) -- An appeal over Christmas sweets turned bitter on Monday (June 11) when the U.S. Supreme Court declined ...1