The Supreme Court in "Lamb's Chapel" unanimously reversed federal district and court of appeals decisions that had upheld school district rules prohibiting use of school district property "by any group for religious purposes." Discusses three issues within the context of religious speech: establishment of religion, free speech,…

Explores the extent to which the Supreme Court's application of the First Amendment's prohibition against establishment of religion is forcing federal and state governments to forgo distributive justice for needy children. Examines possibilities for greater distributive justice. (MLF)

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)

Last May, the full 11th Circuit Court upheld a school board policy in Duval County, Fla., that permits graduating senior to select a student volunteer to deliver an uncensored "message" during graduation ceremonies. Argues the title, historical context, and content of the policy clearly suggest that school officials sought a way to…

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)

Argues that graduation prayer is unconstitutional because it violates the Establishment Clause, but the Free Speech Clause of the First Amendment entitles a valedictorian giving a commencement speech to discuss religion and even to express religious beliefs as the student's own, private beliefs. Summarizes court decisions. (MLF)

In "Zobrest," the Supreme Court held that a public school may provide an interpreter to a deaf student attending a parochial school. Examines the "Zobrest" decision and the interplay between special education and the Establishment Clause, and provides an analysis of the issues left unresolved by the "Zobrest" opinion.…

In "Zobrest" and "Kiryas Joel" the Supreme Court considered the relationship between public and private school systems, and between church and state. Examines the situations of the cases and the opinions of the Supreme Court Justices in relation to them, and in relation to the 15 most recent Establishment Clause cases affecting…

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…

The United States Supreme Court, in the case of "Lee v. Weisman," held that inviting clergy to deliver prayer during an official public-school graduation ceremony violates the Establishment Clause of the Constitution. Discusses the "Lee" decision and addresses some of its possible implications for school law. (80 references)…

The United States Supreme Court has refused to articulate a hierarchy among the guarantees of speech, press, assembly, and petition. The Court also has avoided specifying whether expression rights or safeguards against religious establishment are dominant. Addresses litigation indicating that free speech protections prevail when they collide with…

A modified analysis of the "Lemon" test as set forth in Supreme Court opinions is explained, and relevant lower court cases are reviewed. Determines that the modified standard is heightened and consistently applied within K-12 education activities. (MLF)

Addresses the constitutionality of tuition-voucher programs that provide access to private, parochial schools. Surveys Establishment Clause jurisprudence of the United States Supreme Court. Examines the Cleveland, Ohio, and Milwaukee, Wisconsin, tuition-voucher programs, currently being litigated in the respective state courts, in an attempt to…

Summarizes court cases bearing on religion in the school setting and the use of the three-part "Lemon" test in Establishment Clause cases; and examines a Louisiana District Court decision that affirmed the action of a school principal prohibiting a religiously oriented valedictory address. (MLF)

The United States Supreme Court is currently deliberating the case of "Kiryas Joel." At issue is a public school district set up specifically to meet the religious needs of an orthodox Jewish community, as the community defines them. Presents opposing arguments from the New York State School Boards Association and the National Jewish…