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Kim, Robert – Phi Delta Kappan, 2022
Past U.S. Supreme Court rulings have held that schools and school employees must be careful to engage in religious activities while at school that could appear to endorse a particular religion above others or coerce students to engage in religious activities. However, the June 2022 Kennedy v. Bremerton School District opinion suggests that the…
Descriptors: State Church Separation, Religion, School Prayer, Court Litigation
Roberts, Robert – NASSP Bulletin, 2022
The United States Supreme Court in Kennedy v. Bremerton Sch. Dist. held that a local school district violated the First Amendment freedom of religious expression rights when it directed an assistant football coach to stop praying on the fifty-yard line of a high school football field after each game. In finding for the high-school football coach,…
Descriptors: Court Litigation, Constitutional Law, Religion, State Church Separation
Oltman, Gretchen; Surface, Jeanne L. – Clearing House: A Journal of Educational Strategies, Issues and Ideas, 2017
Survival for public school teachers goes beyond curriculum design, discipline and other skills. School law is critical for teachers to face the areas of challenge that are currently present. There are two types of common legal mistakes made by teachers: a) failing to take disciplinary action when they should, and b) unintentionally violating…
Descriptors: School Law, Public School Teachers, Social Media, School Prayer
Willett, Jennifer Beck; Goldfine, Bernie; Seidler, Todd; Gillentine, Andy; Marley, Scott – Journal of Physical Education, Recreation & Dance, 2014
Sport and religion have been linked in many societies and are still a part of many traditions today. In recent years, the topic of prayer in interscholastic sport has received public attention due to many high-profile court cases. "Santa Fe Independent School District v. Doe" (2000) was the landmark case that prohibited school officials,…
Descriptors: School Prayer, State Church Separation, Athletic Coaches, Athletics
Bennett, Tom; Foldesy, George – Clearing House: A Journal of Educational Strategies, Issues and Ideas, 2008
The Establishment Clause of the First Amendment to the U. S. Constitution sets forth the separation of church and state required in public schools. That clause has been interpreted in a lengthy history of U. S. Supreme Court decisions. Nevertheless, accommodating one person's right of religious expression while not infringing on another person's…
Descriptors: Public Schools, Constitutional Law, Court Litigation, State Church Separation
Dowling-Sendor, Benjamin – American School Board Journal, 2000
In a 6-3 decision expanding on its 1992 graduation prayer ruling in "Lee v. Weisman," the U.S. Supreme Court struck down the Santa Fe (Texas) Independent School District's pregame prayer policy. Justice Stevens pointed to significant school involvement in such student-led prayers and their coercive effects. (MLH)
Descriptors: Athletics, Court Litigation, Football, High Schools
Dowling-Sendor, Benjamin – American School Board Journal, 1999
The Ninth Circuit Court's decision upholding the Madison School District's policy allowing students to speak (and pray) at graduation ceremonies is correct. So long as students are selected by religiously neutral criteria (class rank) and can speak on any topic, the Free Speech Clause should protect that student's expression. (MLH)
Descriptors: Freedom of Speech, Graduation, High Schools, School Prayer
McCarthy, Martha M. – Phi Delta Kappan, 1993
Since the Supreme Court's 1992 "Lee v. Weisman" decision, holding that the First Amendment's establishment clause precluded school-sponsored graduation prayers, school officials have struggled to avoid lawsuits while satisfying community preferences. Efforts to circumvent this decision have resulted in "noncoercive"…
Descriptors: Commencement Ceremonies, Court Litigation, High Schools, Legal Problems
Barber, Larry W. – Phi Delta Kappan, 1993
Prayer at school-sponsored events became significant issue in many communities, in wake of Supreme Court's decision in "Lee v. Weisman.""Phi Delta Kappan" survey was conducted to discover how school districts handled graduation prayer. Of 1,491 responding districts, 46% included some form of prayer at formal commencement…
Descriptors: Commencement Ceremonies, Court Litigation, High Schools, Public Schools
Rankin, Norma R.; Strope, John L., Jr. – West's Education Law Quarterly, 1994
In "Lee" the Supreme Court determined that "including clergy who offer prayers as part of an official public school graduation is forbidden by the Establishment Clause." Confusion arises over whether the Court decision determined "what" cannot be done or "who" cannot do it. Surveyed 10 Kentucky school…
Descriptors: Commencement Ceremonies, Court Litigation, Federal Courts, High School Seniors
Zirkel, Perry A. – West's Education Law Quarterly, 1994
Discusses the boundaries of the Supreme Court's decision in "Lee" that relied on the factors of direction and coercion. Analyzes three lower court rulings regarding graduation prayers. Advises state legislatures and local school districts not to sponsor any student religious activity at graduation time. (97 footnotes) (MLF)
Descriptors: Commencement Ceremonies, Court Litigation, Federal Courts, High School Seniors

Tanford, J. Alexander – Journal of Law and Education, 1995
Critically examines and responds to the persistent argument by religionists that high school graduation prayer is somehow constitutional despite "Lee versus Weisman." Addresses the loopholes advocated and concludes that the courts have clearly rejected each of them. (183 footnotes) (MLF)
Descriptors: Commencement Ceremonies, Court Litigation, Federal Courts, High Schools
McCarthy, Martha M. – Wests's Education Law Quarterly, 1993
Explores the background of the "Lee" case, in which the Supreme Court, by a 5-4 decision, declared that graduation prayers violated the Establishment Clause of the First Amendment. Cites implications of the Supreme Court for future Establishment Clause cases. (54 footnotes) (MLF)
Descriptors: Commencement Ceremonies, Elementary Secondary Education, Federal Courts, Public Schools
Horner, Jeff; Barlow, Ben – West's Education Law Quarterly, 1994
In "Lee," the Supreme Court held that prayer directed by a school official at graduation ceremonies was unconstitutional. Examines "Lee" and two subsequent decisions by the Fifth Circuit Court of Appeals: "Jones v. Clear Creek ISD" allowed prayer initiated by students; "Doe v. Duncanville ISD" prohibited a…
Descriptors: Commencement Ceremonies, Court Litigation, Federal Courts, Public Schools
Mawdsley, Ralph D.; Russo, Charles J. – Wests's Education Law Quarterly, 1993
Considers the legal implications of "Lee," a closely divided Supreme Court decision that ended the practice of graduation prayers. Summarizes the majority opinions of Justices Kennedy, Blackmun, and Souter and the dissenting opinion of Justice Scalia. Analyzes the potential impact of "Lee" on future cases involving religion and…
Descriptors: Commencement Ceremonies, Court Litigation, Elementary Secondary Education, Federal Courts
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