Constitutional law - First Amendment - Establishment Clause - Fourth Circuit holds that a school board policy allowing a religious group to distribute Bibles in public school does not violate the Establishment Clause
Article Abstract:
The US Court of Appeals for the 4th Circuit ruling in Peck v. Upshur County Board of Education allowing distribution of Bibles in the halls of a school district's public schools failed to comply with Supreme Court precedent permitting private religious speech in "genuinely public forums." The impermissible nature of the Bible distribution under the Constitution's Establishment Clause would have been apparent if the Circuit Court has properly focused its attention on the Board of Education's prior administration of limited school forums.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1999
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Constitutional law - establishment clause - Fourth Circuit upholds zoning exemption for religous institutions
Article Abstract:
The author discusses a decision of the Fourth Circuit affirming the right of a county to grant a zoning exemption to a religious school. The court's contention that the exemption was a permissible accommodation of region and an exercise of benevolent neutrality is criticized.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 2001
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Constitutional law - First Amendment - Establishment Clause - Sixth Circuit holds that opening school board meetings with a prayer is an establishment of religion. - Coles ex rel. Coles v. Cleveland Board of Education
Article Abstract:
The U.S. 6th Circuit Court of Appeals in Coles ex rel. Coles v. Cleveland Board of Education incorrectly ruled that a school board's opening its meetings with prayers was an unconstitutional establishment of religion.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 2000
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