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Slide 2 Slide 3 Slide 4 THE FIRST AMENDMENT Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. Slide 5 THE FIRST AMENDMENT Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. Slide 6 Best Practices? Best Practices With regards to religious activities; student initiated and led programs are allowable. However if an activity is sponsored, managed or led by university personnel (who are by definition, public employees and thereby an extension of the State) it should not be allowed. It is also not permissible for university personnel to manifest approval or solidarity with a student-initiated prayer or other religious activity, such as joining hands in a prayer circle, bowing heads or taking a knee during a prayer, etc. Slide 7 Arkansas State University football players to remove crosses they put on their helmets to memorialize a former player and equipment manager who were in a car crash. ASUs actions in defacing the students memorial stickers to remove their religious viewpoint is illegal viewpoint discrimination against the students free speech, said Hiram Sasser, director of litigation for Liberty Institute. Slide 8 Lemon v. Kurtzman. Lemon test: secular purpose, principal or primary effect must not be one that either advances or inhibits religion (wouldn't be taken by an objective observer to constitute a state endorsement of a religion), no "excessive entanglement" of church & state. Lemon v. Kurtzman. Lemon test: secular purpose, principal or primary effect must not be one that either advances or inhibits religion (wouldn't be taken by an objective observer to constitute a state endorsement of a religion), no "excessive entanglement" of church & state. Slide 9 Slide 10 Slide 11 To the rescue, again! Slide 12 Some anomalies Prayer in Congress, Supreme Court. In God We Trust National Motto & on currency. One nation under God in pledge of allegiance. Thanksgiving & National Day of prayer Christmas as a federal holiday. Numerous state constitutions. Slide 13 Town of Greece v. Galloway Opening town board meetings with prayer offered by members of the clergy does not violate the Establishment Clause when the town does not discriminate against minority faiths and does not coerce participation. Slide 14 Possible Explanations Unbroken tradition rule. Falls below the threshold of establishment. Too isolated, infrequent, unsystematic. "Ceremonial deism" religious content lost through rote repetition. We are not dealing with children. Slide 15 Slide 16 JFFfJFFf