American Civil Liberties Union v. Black Horse Pike Regional Board of Education

I must dissent because I believe the issue squarely before us, whether student-initiated, -directed and -composed prayer at high school graduation violates the First Amendment, requires that we examine the application of both the Establishment Clause and the free exercise/free speech right, balancing the graduates’ free exercise and speech rights against any compelling state interest which might otherwise justify impinging these guarantees.

In placing these interests on the balance scale, I am concerned, however, that an approach which exaggerates and emphasizes the Court’s Establishment…