A hearing is scheduled Monday before the 5th U.S. Circuit Court of Appeals in New Orleans that could determine if students in elementary schools have the protections of the First Amendment to the U.S. Constitution.

The case arose in the Plano Independent School District in Texas where Thomas Elementary School Principal Lynn Swanson and Rasor Elementary School Principal Jackie Bomchill were sued for restricting student speech when it referenced “God” or “Jesus.”

According to the Liberty Institute, in the first incident, officials banning 8-year-old Jonathan Morgan from handing out candy canes with Jesus’ name on them to classmates at a school party.

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