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
> > _______________________________________________
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> >
>
>
>
> _________________________________
>
> Steve Sanders
> E-mail: [EMAIL PROTECTED]
> _______________________________________________
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