Santa on trial

reprinted from Howe & Hutton law firm newsletter, Chicago IL


The New York Sun ran an editorial in September of 1897 entitled, “Is There a Santa Claus” in which the editor replied to his reader, “Yes, Virginia, there is a Santa Claus.” The famous editorial reappears nearly every year in numerous publications. Just as well known is the classic 1947 film “Miracle on 34th Street.” Both captured the spirit of the holiday season. The Miracle on 34th Street was the trial judge’s ruling in court that Kris Kringle was the “real Santa Claus.” Much can be debated about the legal arguments presented, both in the original version of the film and the 1994 remake.
But Santa has been embroiled in a number of other legal issues including home invasion, disorderly conduct, impersonation, even challenges to parking tickets. While the U.S. Government has never recognized any person as “the real Santa Claus,” the U.S. Supreme Court has considered whether the image of Santa Claus is secular or religious.

The consensus seems to be that Santa without obvious religious symbols is a fair representation of the holiday season. Whether you think there really is a Santa Claus or some other suitable symbol for the holiday season, we wish you happy holidays and look forward to better times in the year to come.