Kennedy v. Bremerton School District: A Fumble the Supreme Court Needs to Recover
Neely, Emily C.
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Many people support one or the other: freedom of religion or freedom from religion. Current Supreme Court case law favors the protection of students’ rights under the Establishment Clause. However, First Amendment free speech rights for public officials do not enjoy the same protection. Previous notes seek to affirm the constitutionality of restricting the speech of public officials in deference to the Establishment Clause. This Note differs from those, however, by acknowledging the prominent role that the Establishment Clause plays in protecting student rights, but also advocating for greater First Amendment protection for public officials.