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Full-Text Articles in Law
Who Speaks For The State?: Religious Speakers On Government Platforms And The Role Of Disclaiming Endorsement, Steven H. Aden
Who Speaks For The State?: Religious Speakers On Government Platforms And The Role Of Disclaiming Endorsement, Steven H. Aden
William & Mary Bill of Rights Journal
The recent Supreme Court decision in Santa Fe Independent School District v. Doe prohibits prayer at school-sponsored events. In this Article the author analyzes the development of Supreme Court jurisprudence in the area of religion in public schools. Noting the tension between the Establishment and Free Speech Clauses, the author proposes the use of disclaimers to allow student expression at school events to avoid violating the Establishment Clause.
Religion In The Public Schools After Santa Fe Independent School District V. Doe: Time For A New Strategy, Steven W. Fitschen
Religion In The Public Schools After Santa Fe Independent School District V. Doe: Time For A New Strategy, Steven W. Fitschen
William & Mary Bill of Rights Journal
In this Essay, Steven Fitschen, President of the National Legal Foundation, argues against the Supreme Court's ruling in Santa Fe Independent School District v. Doe, and calls for a new strategy in litigating similar cases. Fitschen proposes a "thirty-year plan" because he believes that the current Court composition, which he sees as driven by personal predilections rather than by precedent, was partly responsible for the outcome of Santa Fe. Fitschen argues that the current Court has largely ignored Establishment Clause precedent, and that any new, effective strategy will be slowly implemented The thirty-year plan calls for less perfunctory reliance on …