Ed; When you say the courts usually protect student religious speech, even when it is part of the curriculum, what cases do you have in mind?
Rick
Ed Brayton <[EMAIL PROTECTED]> wrote:
Ed Brayton <[EMAIL PROTECTED]> wrote:
Flashback to the year 2000. Antonio Peck, a kindergarten student in the
Baldwinsville, N.Y., school district, handed in a poster about "saving the
environment" that included an image of Jesus. The principal decided that the
school would hang the poster - but fold Jesus under so he couldn't be seen.
Peck's outraged parents sued."
The case is still in litigation. The school's decision to censor a 5-year
old is outrageous, but it may well be permissible under the Court's reading
of the First Amendment (the school's right to control the curriculum and to
protect captive audiences from religious _expression_). Should the 1A protect
Master Peck from this kind of censorship and disrespect?
Absolutely, and the whole notion of protecting a "captive audience" from the
religious _expression_ of another member of that captive audience is rather
sil! ly. But I'll bet that the courts will rule the right way in this case, as
they usually do.
Ed Brayton
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Rick Duncan
Welpton Professor of Law
University of Nebraska College of Law
Lincoln, NE 68583-0902
"When the Round Table is broken every man must follow either Galahad or Mordred: middle things are gone." C.S.Lewis, Grand Miracle
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