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Adler V. Duval And Chandler V. Siegelman: Overview

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Essay / Research Paper Abstract

7 pages in length. Two of the most opposing forces on the planet are the concepts of church and state; to intersect them in any public forum sets off a rampage of protest and anger that often ends in a race to see which side gets to claim victory based upon constitutionality. Such is the instance with Adler v. Duval and Chandler v. Siegelman, two cases where free speech, free exercise and the establishment clause all came under fire based upon perceived illegality and blatant constitutional infringement. Bibliography lists 6 sources.

Page Count:

7 pages (~225 words per page)

File: LM1_TLCAdlerDuv.rtf

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Unformatted sample text from the term paper:

and anger that often ends in a race to see which side gets to claim victory based upon constitutionality. Such is the instance with Adler v. Duval and Chandler v. Siegelman, two cases where free speech, free exercise and the establishment clause all came under fire based upon perceived illegality and blatant constitutional infringement. II. BRIEF CASE HISTORY At issue in Adler v. Duval was the extent to which - if at all - the Duval County (Florida) School Board was in violation of the establishment clause because it allowed graduating students to give speeches based upon the content they chose to deliver. Being that this dealt with a public school system, coupled with the fact that the policy explicitly separated the meaning of government-endorsed religious messages (forbidden under the establishment clause) and that which is expressed as private statement under the free speech and free exercise clause (Board of Educ. v. Mergens), it was found to be within the realm of students constitutional rights to choose the graduation speaker and allow that individual to speak secularly or not, since the state was not the basis of representation. Any other decision, the Court believed, would have given rise to establishing a precedence that requires public schools to remove any private religious expression during graduation, an inevitable consequence it was not prepared to accept. Similarly, the case of Chandler v. Siegelman sought to use the existing precedent of Santa Fe Independent School District v. Doe to determine whether or not voluntary prayer was permissible at school events, a Supreme Court decision that "came about following a series of policies regarding student prayer at graduation ceremonies and sporting events, implemented by the Santa Fe Independent School District (SFISD). Prior to the events that gave rise to the ...

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