The First Amendment Center has a very good summary of the EC and Free Speech issues concerning prayer at public school graduation ceremonies. It is worth a look.
With respect to valedictorian speeches, much depends upon how much control the school maintains over the content of the speech. The more control the school maintains over the content of the "student speech" (such as a requirement that the student submit a draft of the speech to school authorities for approval), the more likely it is that the EC will prevail over the student's free speech rights. However, if the school policy makes clear that the valedictorian's remarks are his or hers alone (remember the value of a disclaimer on this point), the more likely it is that the EC will not interfere with the free speech rights of the student speaker.
The web log for Prof. Duncan's Constitutional Law Classes at Nebraska Law-- "[U]nder our Constitution there can be no such thing as either a creditor or a debtor race. That concept is alien to the Constitution's focus upon the individual. In the eyes of government, we are just one race here. It is American. " -----Justice Antonin Scalia If you allow the government to take your liberty during times of crisis, it will create a crisis whenever it wishes to take your liberty.
-
I. Tinker A student's right to speak (even on controversial subjects such as war) in the cafeteria, the playing field, or "on the...
-
Monday August 28 : Handout on Moore v Harper (PDF has been emailed to you); Originalism vs. the "Living Constitution": Strau...
-
Jack Phillips of Masterpiece Cakeshop (art by Joshua Duncan) "We may not shelter in place when the C...
No comments:
Post a Comment