Ingebretsen on Behalf of Ingebretsen v. Jackson Public School Dist.

DISSENT FROM DENIAL OF REHEARING EN BANC

EDITH H. JONES, Circuit Judge, with whom E. GRADY JOLLY, JERRY E. SMITH, RHESA HAWKINS BARKSDALE, EMILIO M. GARZA and DeMOSS, Circuit Judges, join,

dissenting:

The First Amendment says Congress shall make no law respecting an establishment of religion, and under Supreme Court rulings, the Amendment has come to mean that *282states shall make no such laws. The First Amendment, in other words, limits government action that creates an establishment of religion. But the Supreme Court has never held that students may not express their private religious convictions…