School Prayer in Alabama
Sanford Levinson
SLEVINSON at MAIL.LAW.UTEXAS.EDU
Wed Nov 12 14:34:45 PST 1997
Question to Jim Henderson: Would it raise (serious) constitutional problems
if students asked to make "morning announcements" were also told that they
could not endorse political candidates during the announcement. E.g., no
"The Pep Club will meet at lunch time and, by the way, I certainly hope
you'll participate in the rally for Bill Clinton (or Bob Dole)." I assume
that this is no more an illegitimate incursion on student speech (in this
particular context, where the school has supplied a student with
non-required access to a non-public forum) than it is an incursion on
teacher's speech to tell them that they cannot endorse politcal candidates
as part of their classroom presentations. (To return to earlier threads, I
presume there's no problem in telling teachers they can't wear political
buttons in the classroom.) If I'm right in this surmise, then I don't see
what the big deal is about Judge DeMent's order (which means that I find Tom
Berg's postings altogether convincing).
Sandy Levinson
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