Three Point Shot – July 2022 | Proskauer Rose LLP

The sphere on the conclusion of every sport is a hodgepodge of unhindered feelings (e.g., student-athletes and coaches coming collectively to have fun their victory or commiserate their defeat), blended with a jumble of different private engagements (e.g., greeting buddies and households within the stands, making dinner plans, and checking emails). The query at hand within the Kennedy case was whether or not a coach’s personal midfield prayer – generally surrounded by gamers and different members of the neighborhood – was an acceptable a part of this beloved collage. Legally talking, the case highlighted a pressure within the First Modification between a public college coach’s Free Train proper to non secular expression and the college’s proper to limit that expression when it believed the coach’s conduct was an endorsement of faith by the District and a violation of the Institution Clause. Are the 2 clauses in battle? Which constitutional clause ought to prevail? Within the occasion of a public highschool soccer coach reciting postgame prayers on the sphere (with no proof of any coercion forcing college students to take part), the Supreme Court docket confirmed that the Institution Clause should give option to the Free Train and Free Speech Clauses.

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