Curry Ex Rel. Curry v. Hensiner

OPINION

ALAN E. NORRIS, Circuit Judge.

In this appeal, we address whether an elementary school student has a First Amendment right to promote an unsolicited religious message during an organized curricular activity.

Plaintiff Joel Curry and his parents filed suit against the School District of Saginaw, Michigan, and Irene Hensinger, the principal of the school Joel attended, alleging that Joel’s constitutional rights were abridged when Principal Hensinger did not allow Joel to “sell” pipe-cleaner candy canes if a card bearing a religious message was attached. A “sale” of goods was to occur at a…