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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
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
Epley, B. Glen – NASSP Bulletin, 2007
Public school leaders often find themselves caught between groups with passionately held--but widely varying--views regarding the appropriate role for religion in public schools. Tensions are heightened by the growth of well-funded special interest groups inclined to litigate anywhere a test case arises. By reviewing the most recent judicial…
Descriptors: Court Litigation, Constitutional Law, Public Schools, State Church Separation
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

Okun, Susan J. – NASSP Bulletin, 1996
Although major cases involving religion in public schools were decided decades ago, disputes still arise over interpreting the First Amendment's establishment clause. Formally inviting clergy to pray at high school graduation ceremonies is clearly not permissible, but the law is unsettled regarding student-initiated and student-led nonsectarian…
Descriptors: Commencement Ceremonies, Court Litigation, High Schools, Legal Problems

Mawdsley, Ralph D.; Russo, Charles J. – West's Education Law Reporter, 1991
The Supreme Court has decided to address the facts in "Lee v. Weisman" involving the validity of graduation prayer. Reviews the opinions of the current justices regarding the role of the tripartite establishment clause "Lemon" test and concludes with a projection of the court's resolution of the "Lee" case. (73…
Descriptors: Commencement Ceremonies, Court Judges, Court Litigation, Federal Courts

Mawdsley, Ralph D. – NASSP Bulletin, 1998
Religious activity in public schools has become a major issue, thanks to the Equal Access Act and "Lamb's Chapel," but neither has eliminated the Establishment Clause as a feasible concern for school officials. Protecting student religious expression to the same extent as other forms of free speech raises legitimate concerns regarding…
Descriptors: Administrator Responsibility, Court Litigation, Elementary Secondary Education, Freedom of Speech