Suppose a public school allows the person with the highest GPA to speak at her commencement as the class valedictorian. And suppose Mary Murphy, the 2021 valedictorian of Lincoln High, in pursuit of her theme concerning not giving up when times get tough, wishes to thank "her Lord and Savior Jesus Christ" for helping her get through some difficult times in her high school years.
Must the school censor her valedictorian address to comply with the Establishment Clause?
Or would it violate the Free Speech Clause if the school told her to remove all references to God, Jesus, and her Christian faith from the speech? What about Free Exercise?
Suppose a group of 3 or 4 students pray out loud in the cafeteria before eating lunch. Another student complains. What should the school do?
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.
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I. Tinker A student's right to speak (even on controversial subjects such as war) in the cafeteria, the playing field, or "on the...
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Monday August 28 : Handout on Moore v Harper (PDF has been emailed to you); Originalism vs. the "Living Constitution": Strau...
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Jack Phillips of Masterpiece Cakeshop (art by Joshua Duncan) "We may not shelter in place when the C...
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