Facts
Who was Joseph Kennedy?
Plaintiff, coach
What court first heard the case?
U.S. District Court
Did the Court find Kennedy's speech private or government speech?
Private speech
Did Kennedy eventually win or lose?
He won
What powers do the Executive branch have?
Shared and Domestic powers
What did Kennedy do after the games
He knelt and prayed on the field
Which circuit could heard the appeal?
Ninth Circuit Court of Appeals
Why did the Court say the policy was not neutral?
It specifically targeted religious conduct while allowing comparable secular activities
What did the Court decide about the school's actions?
They violated Kennedy's First Amendment rights
How many Amendments are there in the Bill of Rights?
27
Why did the school district discipline Kennedy?
They feared his prayers could be seen as school endorsement of religion, violating the Establishment Clause
Who won at the Ninth Circuit?
The Bremerton School District
What did the Court say about the Establishment Clause conflict?
There was no real conflict; the Clauses are complementary
What was the main reason for the Court's holding?
The district's policy was neither neutral nor generally applicable
Foreign individuals likely would be considered to have few freedoms under the Bill of Rights because they are not U.S. citizens and not parties to the "social compact"
Which theory is this?
Compact Theory
When did Kennedy start his prayers? Year
2008
What did the Supreme Court do?
Reversed the Ninth Circuit's decision and ruled in favor of Kennedy
What approach did the Court say should guide Establishment Clause cases?
Historical practices and original meaning, not the Lemon test
What did the dissent warn about the decision?
It weakened the separation of church and state and ignored student coercion risks
Public or Non-public? Describe why
Non-public
Criteria:Viewpoint, Legitimate governmental purpose
Prohibition Constitutional: Most likely no; prohibits one specific viewpoint on guns=anti-guns;government's interest: security concerns
How did the students become involved in Kennedy's prayers?
They voluntarily joined him over time, Kennedy told them participation was optional(!!)
What was the final outcome for Kennedy?
He was entitled to summary judgment, and the school district violated his First Amendment rights
What did the Court say about respect for religious expressions?
They are indispensable in a free society and protected unless coercive
How might this case affect future school policies on religious expression?
Schools must allow private religious expression by staff unless it coerces students
What are four Types of Speech?
Offensive
Hate
Defamatory
Fighting Words