Wouldn't the school have a sort of editorial right over the content of its band performances, a la Hazelwood, even if it often defers to student preference?
Eugene > -----Original Message----- > From: [EMAIL PROTECTED] > [mailto:[EMAIL PROTECTED] On Behalf Of Steve Sanders > Sent: Friday, December 16, 2005 10:45 AM > To: religionlaw@lists.ucla.edu > Subject: Re: New Jersey Lawsuit > > > I haven't seen the suit (does anyone have a copy?), but I could guess > the theory is either that 1) the policy infringes free exercise of > students and/or teachers, with a supporting argument that the > music at > issue is not being officially sponsored by the school, or 2) it's a > Rosenberger-type challenge to the school's policy that "programs > prepared or presented by student groups as an outcome of the > curriculum > shall not have a religious orientation or focus on religious > holidays. > Absent that restriction, a concert or performance could become an > opportunity not to learn about a religious holiday or > tradition, but to > celebrate it." (See > http://www.somsd.k12.nj.us/BFOLStatementrePolicy2270.htm.) Steve > Sanders > > Quoting Ed Brayton <[EMAIL PROTECTED]>: > > > I want to get everyone's thoughts on the appeals court case against > > South Orange-Maplewood School District in New Jersey. The > school has > > a policy not to have religious music performed by the choir or band > > and that policy is being challenged as unconstitutional. > Now, I think > > the policy is a bad one for several reasons. But > unconstitutional? On > > what grounds? Are there any precedents that apply in this area? It > > seems to me that saying it's not unconstitutional for > public schools > > to perform religious music (which I agree with) is quite different > > from saying it's unconstitutional NOT to perform religious > music. It > > seems to me that if not playing Christian music amounts to > > unconstitutional "hostility" toward Christianity, then not > performing > > Muslim music must also be unconstitutional hostility toward Islam, > > and also true for Hindu music, Jewish music, and so forth. > > > > Ed Brayton > > _______________________________________________ > > To post, send message to Religionlaw@lists.ucla.edu > > To subscribe, unsubscribe, change options, or get password, see > > http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw > > > > Please note that messages sent to this large list cannot be > viewed as > > private. Anyone can subscribe to the list and read > messages that are > > posted; people can read the Web archives; and list members can > > (rightly or wrongly) forward the messages to others. > > > > > > > > > > _________________________________ > > Steve Sanders > E-mail: [EMAIL PROTECTED] > _______________________________________________ > To post, send message to Religionlaw@lists.ucla.edu > To subscribe, unsubscribe, change options, or get password, > see http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw > > Please note that messages sent to this large list cannot be > viewed as private. Anyone can subscribe to the list and read > messages that are posted; people can read the Web archives; > and list members can (rightly or wrongly) forward the > messages to others. > _______________________________________________ To post, send message to Religionlaw@lists.ucla.edu To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw Please note that messages sent to this large list cannot be viewed as private. Anyone can subscribe to the list and read messages that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others.