Grad prayer ok in 11th Circuit

[Michael MASINTER]

Overturning an earlier panel decision, Adler v. Duval County School Board
upheld the constitutionality of a student elected graduation speaker whose
function was to solemnize the event, reasoning that the student's prayer
could not be attributed to the school system and was therefore purely
private speech in a limited public forum.  Judge Marcus' decision
masterfully exalts form over substance in a school district whose policy
has been from time out of mind to find a way to have prayers at
graduation.  I suppose Adler means little given the likelihood of a
decision in Santa Fe Independent School District v. Doe on the state
action question, but it is still a majjor disappointment.

The decision can be downloaded from the circuit's web site,
http://www.ca11.uscourts.gov/opinions.htm by clicking on day 15, unzipping
the file, and opening 98-2709.

Michael R. Masinter                     3305 College Avenue
Nova Southeastern University            Fort Lauderdale, Fl. 33314
Shepard Broad Law Center                (954) 262-6151
masinter at law.acast.nova.edu             Chair, ACLU of Florida Legal Panel