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| | | Marineau, et al., v. Guiles (2007)
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| | | Issue | Whether attempts by school officials at Williamstown Middle High School in Williamstown, Vt., violated the First Amendment when they forced Zachary Guiles to cover up parts of a T-shirt criticizing President Bush’s policies and accusing him of being a former alcoholic and cocaine abuser. The front of the T-shirt showed a large picture of the president superimposed on the body of a chicken. Surrounding the president's picture were the words “Chicken-Hawk-In-Chief” and “World Domination Tour.” Other images on the front of the shirt included oil rigs, dollar symbols, three lines of cocaine and a martini glass. [from Long Island News] | |
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| | | Lee v. Weisman (docket #: 90-1014) (1992)
[Findlaw]
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Secondary Link
| Lee v. Weisman
[Legal Information Institute]
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Argument Date
| 11/06/1991 |
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Decided
| 6/24/1992 |
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Supreme Court Vote
| 5-4 |
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Note
| According to Justice Harry Blackmun's papers, the outcome in this case was originally different; Justice Anthony Kennedy changed his vote and declared clergy-led prayers at public school graduations unconstitutional. |
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| | | Issue | Whether including clerical members who offer prayers as part of the official school graduation ceremony is consistent with the Religion Clauses of the First Amendment. | |
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Lower Court
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2nd Circuit |
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Lower Court Ruling
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First Amendment claim sustained. |
| Briefs |
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| Opinion - Lower Court |
Guiles v. Marineau, 461 F.3d 320, 321 (2d Cir. 2006)
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| News |
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Majority Opinion
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per Kennedy, J. |
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Concurring Opinion
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Blackmun, J. & Souter, J. |
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Dissenting Opinion
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Scalia, J. (joined by Rehnquist, C.J., White, J., & Thomas, J.) |
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Lower Court
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1st Circuit |
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Lower Court Ruling
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Establishment Clause claim sustained |
| Lawyers |
Solicitor General Kenneth Starr
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| Briefs |
American Jewish Congress et al. (supporting Respondent)
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Americans for Religious Liberty (supporting Respondent)
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Board of Education of Alpine School District (supporting Petitioner)
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Christian Legal Society et al. (supporting Petitioner)
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Clarendon Foundation (supporting Petitioner)
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Concerned Women for America et al. (supporting Petitioner)
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Council on Religious Freedom
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Focus on the Family et al. (supporting Petitioner)
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Institute in Basic Life Principles
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Liberty Counsel (supporting Petitioner)
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National Coalition for Public Education and Religious Liberty et al.
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National Jewish Commission on Law and Public Affairs (supporting Petitioner)
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National Legal Foundation (supporting Petitioner)
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National School Boards Association
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Rutherford Institute et al. (supporting Petitioner)
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Southern Baptist Convention Christian Life Commission (supporting Petitioner)
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Specialty Research Associates, Inc., et al. (supporting Petitioner)
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United States Catholic Conference (supporting Petitioner)
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| News |
"Religion Remains Free, 5-4," The New York Times, June 25, 1992, Sect. A, p. 30
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"To the Plaintiffs, a Prayer's a Prayer," The New York Times, March 19, 1991, Sect. A, p. 16
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"U.S. Asks Court to Allow Prayers at Graduations," The Washington Post, Feb. 23, 1991, Sect. A, p. 4
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Butterfield, Fox, "Plaintiffs Are 'Thrilled' By School Prayer Ruling," The New York Times, June 25, 1992, Sect. B, p. 11
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Greenhouse, Linda, "Court Appears Skeptical of Argument for Prayer," The New York Times, Nov. 7, 1991, Sect. A, p. 22
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Greenhouse, Linda, "Justices Affirm Ban on Prayers in Public School," The New York Times, June 25, 1992, Sect. A, p. 1
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Greenhouse, Linda, "Supreme Court to Take Fresh Look at Disputed Church-State Boundary," The New York Times, March 19, 1991, Sect. A, p. 16
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Greenhouse, Linda, "The Fight Over God's Place in America's Legacy," The New York Times, Nov. 1, 1991, Sect. B, p. 10
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Marcus, Ruth, "Justices Accept Prayer case That Poses New Constitutional Test fo Religion," The Washington Post, March 19, 1991, Sect. A, p. 14
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Marcus, Ruth, "Justices Asked to Lower Wall Between Church, State," The Washington Post, March 18, 1991, Sect. A, p. 4
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Marcus, Ruth, "Prayer Case Tests Court's Law on Religion," The Washington Post, Nov. 7, 1991, Sect. A, p. 3
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| Other |
Chemerinsky, Erwin, CONSTITUTIONAL LAW (3rd Ed.)(2006), pp. 1196-1197
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Gey, Steven G., RELIGION AND THE STATE (2nd Ed.)(2006), pp. 248-252
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Stone, Seidman, Sunstein, Tushnet, CONSTITUTIONAL LAW (3rd Ed.)(1996), pp. 1548-1558
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| Commentary |
Hentoff, Nat, "Will the Wall Between Church and State Come Tumbling Down?" The Washington Post, Dec. 21, 1991, Sect. A, p. 19
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Steinfels, Peter, "Beliefs," The New York Times, July 4, 1992, p. 9
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| Books |
Witte, John, Jr., RELIGION AND THE AMERICAN CONSTITUTIONAL EXPERIMENT (2000), pp. 161, 167, 179, 227
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| First Amendment programs |
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