Because of the lack of a definitive United States Supreme Court decision on prayers at graduation, school officials are left without clear direction. Analyzes two decisions that illustrate the differences in judicial opinion on the legality of prayers at graduation ceremonies. (MLF)

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…

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)

In "Hazelwood," regarding school-sponsored newspapers, the Supreme Court granted broad discretion to school authorities under the First Amendment. Following a brief overview of changes in First Amendment law governing student expression rights since the 1960s is followed by an analysis of the impact of recent developments on the free…

Since its broadly protective decision in "Tinker," the Supreme Court has gradually narrowed the scope of student free speech rights. Examines the development of First Amendment rights in public schools, in particular those of high school journalists. Argues that the "Hazelwood" decision is flawed in several respects. Notes some…

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…

Federal court decisions on high school students' publication rights in the Second, Fourth, Fifth, and Seventh Circuits reveal substantial disagreement about school officials' power of prior restraint over student publications. The courts' opinions range from approval of broad powers of prior restraint to denial of any power. (Author/RW)

In DesRoches v Caprio, federal district court ruled in favor of Jim DesRoches who had decided not to consent to a search of his backpack for a pair of allegedly stolen sneakers. Judge Robert G. Doumar decided the need to find the stolen sneakers did not outweigh the students' privacy interest and offered guidelines about school searches for stolen…

James LaVine, a high-school junior, wrote a first-person fantasy about killing 28 people in school and then committing suicide. The district suspended him for 17 days. James and his father filed suit against the school district alleging that the emergency expulsion violated James' First Amendment rights. The District Court ruled for the LaVines…

Developments in free speech constitutional law have changed the function of public education. Sets forth the facts of "Settle," involving a student's claim to religious expression within a classroom; analyzes the court's decision in light of judicial precedent; and examines implications for the operation of public schools. (76 footnotes)…

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 ruled in favor of public financing of a sign language interpreter for a profoundly deaf student at a sectarian school. Briefly describes the three sets of legitimate and competing claims. (75 footnotes) (MLF)

The First Circuit Court of Appeals affirmed the district court's ruling in a Massachusetts case involving an AIDS awareness program. Disagrees with ruling that the defendants had not violated the plaintiffs' federal rights and contends that parents should have the right to remove their children from a one-time performance that is not part of a…

Fragmented federal court decisions about graduation prayer and the strong public interest in this issue call for the Supreme Court to step in to clarify the law. Summarizes court decisions on this topic. (MLF)