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right...but then followed it up with a threat to involve the ACLU. WHich again, is his right to do so, but not very wise in my estimation.
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He offered them the carrot in the form of a moment of silence compromise but showed that he'd go for the stick if the school didn't comply with the law. Nothing wrong with that. If the school chooses to abide by the US Constitution, then he has no reason to involve the ACLU.
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Let me ask you this...what if during the graduation one of his classmates stood up and started praying and those that wanted to...joined in. Do you think they too are breaking the law?
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IANAL, but I think it would depend entirely if it was planned/condoned by the school administration or not. If it was purely spontaneous private speech by the students, I don't think it would be unconstitutional. However, if it was done over the school's PA system and with the administration's prior knowledge, then it would be illegal as determined in the Supreme Court case
Sante Fe Independent School District v. Doe (linked by photon earlier in this thread).
The relevant section from that ruling:
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The District argues unpersuasively that these principles are inapplicable because the policy’s messages are private student speech, not public speech. The delivery of a message such as the invocation here–on school property, at school-sponsored events, over the school’s public address system, by a speaker representing the student body, under the supervision of school faculty, and pursuant to a school policy that explicitly and implicitly encourages public prayer–is not properly characterized as “private” speech.
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