Questions & Answers Regarding Students Right to Pray
Are Official "Moments of Silence" Permissible Under Current Law?
YES! In Wallace v. Jaffree,46 the Supreme Court took a look at the issue of official "moments of silence." While the Court struck down the particular "moment of silence" statute in that case, a majority of the Justices in that case clearly recognized that moments of silence are constitutionally permissible.47 And all the parties in the Wallace case agreed that another Alabama statute mandating a "moment of silence" during classtime was constitutional.48 In Wallace, the Supreme Court held only that the particular facts of the case made a second Alabama statute calling for a moment of silence for meditation "or voluntary prayer" during class unconstitutional.49 The Court justified its decision striking that second statute down on two factors: (1) the clearly expressed intent of the statute's sponsors to advance religion; and, (2) the express language of the statute calling for a moment of silence for meditation "or voluntary prayer."50
In light of Wallace, it is clear that any official moment of silence must be motivated by a well-defined secular purpose and be neutral on its face, leaving the use of the "moment of silence" to individuals and the dictates of their own consciences.
Do Students Have a Right to Pray Together at School and Participate in Events Like the See You at the Pole and the National Day of Prayer?
YES! See You at the Pole and the National Day of Prayer is a student event, and it is not organized or conducted by school administrators or officials. Students across the nation annually gather with like-minded peers around the flagpole at their respective schools before the class day begins and pray for their schools, teachers, administrators and country.
This question brings us back to this settled legal principle: students retain their constitutional rights of free speech and expression, including the right to pray and share personal beliefs, while on school grounds. After Tinker, school officials may restrict protected student speech only if it materially and substantially interferes with appropriate discipline. Thus, school officials may not prevent students from gathering together for prayer and religious discussion on school grounds, provided that students do so in a non-disruptive manner during non-instructional time. Non-instructional time would be immediately before and after school, at lunchtime, or any other "free" time when students are permitted to talk and mingle with peers on campus.
Of course, while school officials may not stop students from engaging in protected religious expression unless it causes a material or substantial disruption of school order, they may impose reasonable regulations governing the time, place and manner of student activities. Such regulations cannot target the religious content of the student activity. In addition, any restriction must be "narrowly tailored to serve a significant government interest, and leave open ample alternative channels of communication."51 Students may also participate in before or after school events with religious content, such as "see you at the flag pole" gatherings,52 on the same terms as they may participate in other noncurriculum activities on school premises. School officials may neither discourage nor encourage participation in such an event.
Can Students Participate in Events Like the See You at the Pole and the National Day of Prayer Even if the Event is not Part of an Officially Recognized Club?
YES! As the Supreme Court made clear in Tinker, students have substantial rights under the First Amendment. As long as a student's conduct does not "materially or substantially interfere with school discipline," he has the right to gather with other students on campus for prayer, even if no prayer group or Bible Club is officially recognized on their campus.
Prayer is a protected form of speech that cannot be banned by school officials when it is being offered in a manner such as See You At The Pole. A school official who refuses to allow students the right to pray on their campus is engaging in censorship.
If there is an officially recognized Bible Club or prayer group on campus, then students in the club can advertise the Prayer Rally. Students must be allowed to use the same forms of advertisement that the other clubs are allowed to use, such as the public address system, bulletin boards, and the school newspaper.
ENDNOTES