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The United States Supreme Court’s June 2022 Opinion in Kennedy v. Bremerton School District marked a potential sea change for the considerations school districts must account for in relation to employee private religious expression in the school context, whether as a matter of constitutional free speech rights vs. regulation of employee speech, free exercise of religion, or the Establishment Clause.  With the benefit of several months and almost half a school year to consider the impacts and ramifications of Kennedy, host Sloan Simmons talks with Michelle Cannon and Kendra Tovey on their understanding of Kennedy’s immediate and anticipated potential impacts, as well as options and challenges for school districts looking ahead.

Show Notes & References

• 2:06 – Kennedy v. Bremerton School District case background (Client News Brief 31 – July 2022)
• 5:09 – Lemon v. Kurtzman (1971) 403 U.S. 602
• 8:05 – Facts focused on by Supreme Court in the majority opinion
• 10:42 – Garcetti v. Ceballos (2006) 547 U.S. 410
• 11:16 – Johnson v. Poway Unified School Dist. (9th Cir. 2011) 658 F.3d 954
• 13:30 – Three clauses of the First Amendment – U.S. Const., amend. I  

 

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