American Humanist Association v Birdville Independent School District (851 F.3d 521): United States Court of Appeals for the Fifth Circuit: Smith CJ writing in a unanimous decision: 20 March 2017. (5th June 2018)

• Record Type: Journal Article
• Is Part Of: Oxford journal of law and religion. Volume 7:Number 2(2018)
• Page Start: 352
• Page End: 353
• Publication Date: 2018-06-05
• Subjects: Religion and law -- Periodicals; Religion and state -- Periodicals; Religion and sociology -- Periodicals; Jurisprudence -- Periodicals; Human rights -- Periodicals; 342.0852
• DOI: 10.1093/ojlr/rwy025
• Languages: English
• ISSNs: 2047-0770

Abstract

ABSTRACT: Federal constitutional law – First Amendment – Establishment Clause – Free Speech – Public school district policy inviting students to deliver a statement, which could include a prayer, during monthly school-board meetings – Content of statements at the discretion of students subject to requirement they be relevant and not obscene – Board selecting speakers randomly from list of volunteers – Board meetings held on District property – Former student belonging to American Humanist Association challenged public school district policy – Complaining at invitation to 'join', 'stand', or 'bow' in participation – Trial court refusing challenge to school policy – Whether school board prayer is more akin to legislative prayer or school prayer – Whether public school policy inviting students to deliver statements violation of Establishment Clause – US Const Amend 1