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Question

Establishment clause

F‌‍‍‌‌‍‌‌‌‌‌‍‍‍‌‌‌‌‍ollowing the Kennedy case (which involved a Coach praying at mid-field following games), how would the Court rule on these two cases:

1) A public school principal conducts prayer breakfasts before school starts in the school cafeteria. Is this permissible free exercise or is there an Establishment clause issue here?

2) Before a school production of "Romeo and Juliet," the drama teacher, who is Hindu, conducts a small pray‌‍‍‌‌‍‌‌‌‌‌‍‍‍‌‌‌‌‍er backstage. Textbook: L. Epstein and T. Walker. 2015. Constitutional Law for a Changing America: A SHORT COURSE. 7th ed Pages: Speech: Chapter 13 (note box on 439) Schenck v U.S. (1919), Texas v Johnson (1989), Tinker v Des Moines (1967), Morse v Frederick (2007), Snyder v Phelps (2011) Press: Chapter 14 Near v. Minnesota (1931), New York Times v US [Pentagon Papers case] (1971), Miller v CA (1973), Reno v ACLU (1997‌‍‍‌‌‍‌‌‌‌‌‍‍‍‌‌‌‌‍)

Expert Solution

Conducting prayers in public schools is complex as it cuts across three clauses (establishment clause, free speech, or free exercise) under the first amendment. However, in the first amendment, under the establishment clause, school principals and teachers are not permitted to lead prayers as it violates the establishment clause.

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