A student sent me this email:
"Here is a video of the official Nebraska Football X page posting a prayer where Coach Brown discusses his faith in Christ.
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Does the prayer itself violate Supreme Court precedent?
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What about the post itself? Is that government establishment of a religion?
My opinion is that neither do, but I thought it might be illustrative to address the class using this as an example."
Here is my answer:
Ron is a friend of mine. He has prayed that way for many, many years. No one has ever sued. The Constitution is not self-executing. Someone with standing needs to sue.
Under Lemon, probably an endorsement. But under coercion and history test, maybe okay. Players participate voluntarily, but Sotomayor would say pressure to please coach was soft coercion.
Maybe I will play this after we discuss Kennedy case. This prayer and the X post go well beyond Kennedy’s silent prayer. Good issue.
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