Why the Supreme Court is gearing up to crack the wall between church and state
clauses of the First Amendment protect people in their ability to say, believe and do what they want in support of their religious beliefs, free of government intrusion. These clauses tell the government not to trample on individual expression, beliefs and actions taken in support of those beliefs. And again, very, very generally, theof the First Amendment tells the government not to establish a government religion, prefer one religion over another, or religion over nonreligion, or vice versa.
This is a smackdown between two provisions of the First Amendment that will have implications far beyond football fields. If we conclude, as the Supreme Court is likely to, that Kennedy’s prayer constitutes private speech entitled to First Amendment protection, the next question is whether the school board was nonetheless required to tell Kennedy to cut it out in order to guard against government-supported religious activities. The court is likely to find that the school board was not so required.
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