Joseph Kennedy v. Bremerton School District

M. SMITH, Circuit Judge,

specially concurring:

I write separately to share my view that BSD’s actions were also justified to avoid violating the Establishment Clause. Kennedy’s claim therefore fails on the additional ground that the District can satisfy the fourth Eng factor. See Eng v. Cooley, 552 F.3d 1062, 1071-72 (9th Cir. 2009) (asking whether the state has an adequate justification for restricting the employee’s speech). I also write to share a few thoughts about the role of the Establishment Clause in protecting the rights of all Americans to worship (or not worship) as they see fit.

I.…