The school is entirely within its rights, under settled US Supreme Court constitutional law, to make and enforce this policy; very good and defensible reasons could prompt such a policy. If this was already established as policy, rather than being made-up in response to this incident, then the kids were out-of-line.
Christians are called by Romans 13 to obey civil authorities except where the laws contradict God's laws; as Jesus said, give to Caesar what is Caesar's and to God what is God's. This tension between evangelism and obedience to law, both of which God commands, is easily resolved: hand out the candy canes out on the sidewalk. Don't be a scofflaw and thereby bring Jesus into disrepute.
I hope you have your flame-retardant suit on.
But nothing rightly belongs to Caesar.
Acts 5 (KJV)
27 And when they had brought them, they set them before the council: and the high priest asked them,
28 Saying, Did not we straitly command you that ye should not teach in this name? and, behold, ye have filled Jerusalem with your doctrine, and intend to bring this man's blood upon us.
29 Then Peter and the other apostles answered and said, We ought to obey God rather than men.
Excellent post...
True. However, what we have in this case is not a law. There is no law that states that students cannot distribute gifts (or literature) to other students during lunch and breaks.
This is something made up by school board lawyers to circumvent a USSC ruling. The clear wording of the 1st Amendment turns this on its ear, and is the supreme law of the land.
Congress made a law (actually several laws) establishing funding and regulations for local schools. By the clear wording of the 1st Amendment, these laws cannot prohibit the free exercise of religion.
Therefore, any regulation persuant to those laws that prohibits the free exercise of religion stands in violation of the Constitution, which means that Christians are not bound to obey the regulation.