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This is a very close question.

Author: conorlarkin (17081 Posts - Original UHND Member)
Posted at 3:53 pm on Apr 24, 2022
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Paul Clement's Reply Brief (12/21/21 re cert petition) is terrific (one of America's best appellate lawyers). It helps the coach that the prayers occurred after the game. Copying from the Reply brief, this is the key argument in favor of the coach:

Nor did Kennedy lose his right to pray because others chose to join him on the field and engage in their own personal expressions of faith after the district suppressed Kennedy’s religious exercise. That was of course their constitutional right, not any form of government speech. See, e.g., Tinker v. Des Moines Indep. Cmty. Sch. Dist., 393 U.S. 503, 506 (1969). That showing of solidarity was also an entirely predictable consequence of the district’s suppression of Kennedy’s private religious speech. Intolerance of private religious speech is neither popular nor constitutional. The sensible and lawful course for the government is neutrality, not hostility to private religious expression.

Of course the government may discipline “a geometry teacher” who “converted her classes into partisan political rallies” or a “court clerk who sang showtunes to litigants.” Those are obvious examples of non-germane speech occurring “within the scope of an employee’s duties.” Lane, 573 U.S. at 240. A public employer need no more tolerate such speech than it need tolerate a football coach who used timeouts to talk trigonometry or the infield-fly rule rather than gridiron strategy. Here, by contrast, Kennedy’s prayer did not occur within the scope of his duties; he sought to pray only after games concluded, after the customary handshake with the opposing team, and after students were separately engaged in other postgame activities like singing the fight song. The district cannot convert that private religious expression into its own speech by pretending that Kennedy claimed a right to do something else entirely.


This message has been edited 2 time(s).

Black Lives Matter .... no more, but certainly no less

Replies to: "This is a very close question."

  • Thoughts? [NT] [LINK] - conorlarkin - 3:09pm 4/24/22 (31) [View All]
    • I don't understand why he's praying in the first place - MarkHarman - 10:29pm 4/24/22
      • No doubt this coach is a smacked ass. [NT] - conorlarkin - 5:14am 4/25/22
    • i find it interesting a country whose currency references God won’t allow a guy to pray. [NT] - WestCoastIrishFan - 7:06pm 4/24/22
      • Strawman! - - - No one said he can't pray. He just can't do it at the 50 yd line after a game - jimbasil - 7:24pm 4/24/22
        • do you mind when the fellowship of christian athletes does it at the end of games at public universi - WestCoastIrishFan - 7:29pm 4/24/22
          • I don't really care - If the school and the school district have an issue with it then - jimbasil - 7:36pm 4/24/22
            • why is it alright for a school to work on a kids gender identity? [NT] - WestCoastIrishFan - 7:39pm 4/24/22
              • Wow, I guess that had to happen sooner or later on this thread. - jimbasil - 7:46pm 4/24/22
                • I did a few weeks ago. States that have mandatory LBGQT teaching. - Stark Raving Dad - 8:47pm 4/24/22
                • do they not, are they not teaching it? [NT] - WestCoastIrishFan - 7:49pm 4/24/22
            • I agree but that is not why this case is going to the scotus. [NT] - WestCoastIrishFan - 7:38pm 4/24/22
    • If the coach was praying to Allah or Satan they wouldn't allow it. - NocalIrish - 6:45pm 4/24/22
    • All I can say is he’s at least not like the Anti Vaccine Kennedy. Otherwise he’s - PBHangingChad - 6:21pm 4/24/22
    • i see a lot of people in public universities praying around injured players - WestCoastIrishFan - 6:18pm 4/24/22
    • Not sure how he thinks he can sue for the right to continue. - jimbasil - 3:38pm 4/24/22
      • Because you have zero clue? [NT] - notredame678 - 7:28pm 4/24/22
        • Clue me in tough guy. [NT] - jimbasil - 7:29pm 4/24/22
      • This is a very close question. - conorlarkin - 3:53pm 4/24/22
        • Having read the briefs, I'd say that once again the ninth circuit should be over turned and pulled - JarHead4ND - 6:04pm 4/24/22
          • Oral argument is tomorrow. Will be a good listen. - conorlarkin - 8:16pm 4/24/22
        • Based on your explanation, if the participation was voluntary and after the 'school activity' was - TyroneIrish - 4:46pm 4/24/22
          • The facts are not that simple. Read the first several pages of the School District's brief (3/25/22) - conorlarkin - 5:31pm 4/24/22
            • Getting legal opinion from you would be the same as legal opinion from Jim. Both worthless. [NT] - notredame678 - 7:30pm 4/24/22
            • Got it...it was all patiently explained to Coach Kennedy and he prayed alone for a month, thus - TyroneIrish - 7:05pm 4/24/22
              • should the fellowship of christian athletes be disallowed and any player praying at the end of a ga - WestCoastIrishFan - 7:09pm 4/24/22
                • The "Fellowship of Christian Athletes" is an international non-profit (private) Christian - TyroneIrish - 8:09pm 4/24/22
                  • but they pray at midfield at public universities. your argu - WestCoastIrishFan - 8:28pm 4/24/22
                    • You're kidding...(I hope)... [NT] - TyroneIrish - 11:40pm 4/24/22
                      • was the coach’s prayer funded? [NT] - WestCoastIrishFan - 12:58am 4/25/22
            • so spiritual guidance should come from home but not gender identity? [NT] - WestCoastIrishFan - 6:22pm 4/24/22
    • If you care to read the briefs, here is link. [LINK] - conorlarkin - 3:15pm 4/24/22
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