School Prayer, Neutrality, and the Open Forum: Why We Don’t Need A Constitutional Amendment

Date

1983

Authors

Loewy, Arnold H.

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Journal ISSN

Volume Title

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Abstract

Here, Professor Arnold H. Loewy discusses two methods under which prayer could be allowed in public schools without violating the establishment clause. Method I involves creating an open forum, available to student groups of all interests and purposes, wherein students are allowed to pray if they so choose. Method II involves providing each student (or a student selected at random) with the opportunity to share any “philosophical recitation,” which may take the form prayer, depending on the student. Professor Loewy discusses the Constitutionality of the proposed methods, comparing and contrasting these methods with various Supreme Court decisions on the topic of the establishment clause and public schools.

Description

Keywords

Constitutional law, First Amendment, Separation of church and state, Establishment Clause, School prayer

Citation

61 N.C. L. Rev. 141