The First Amendment of the U.S. Constitution prohibits both state-sponsored religion and state censorship of expression. In the waning days of June 1995, the U.S. Supreme Court released its landmark decision in "Rosenberger v. University of Virginia," in which it ruled as unconstitutional student organization funding systems in which…

Using recent establishment clause decisions concerning vocal prayer, silent meditation, and prayer groups in the public schools, this article suggests that courts have applied the seemingly consistent doctrine of the tripartite test to arrive at quite different results, based in part on extralegal sources. Two such sources are the attitudinal…