Podcast appearances and mentions of Kennedy V Bremerton

Audio of Justice Gorsuch's statement regarding denial of certiorari in City of Ocala v. Art Rojas (March 6, 2023)

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     For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.

In TRP YouTube Episode 93, Dr. Shannon Holzer, Ph.D., a First Amendment Religion Clause scholar at Houston Baptist University joins TRP podcast today to discuss Kennedy v. Bremerton School District (decided 27 June 2022, US Supreme Court). The case involved a football coach who had been fired for praying on the football field after the game. The case is significant because it appears that the Court got rid of the infamous “Lemon” test that it sometimes had used in the past to resolve cases of this type. We discuss the “Lemon” test and some of the history and tradition of First Amendment Religion Clause jurisprudence as a part of our discussion. The Republican Professor is a pro-getting-the-First-Amendment-right podcast. Therefore, welcome Dr. Shannon Holzer, Ph.D., First Amendment Religion Clause scholar at Houston Baptist University for his 3rd TRP episode. The Republican Professor is produced and hosted by Dr. Lucas J. Mather, Ph.D. TRP podcast has been ranked last out of all podcasts by the Spring 2022 issue of Celebrating Unconstitutional Conduct magazine. Be sure to share this with a friend and to subscribe. Warmly, Lucas J. Mather, Ph.D. The Republican Professor Podcast The Republican Professor Newsletter on Substack https://therepublicanprofessor.substa... https://www.therepublicanprofessor.co... https://www.therepublicanprofessor.co... YouTube channel: The Republican Professor Facebook: https://www.facebook.com/TheRepublica... Twitter: @RepublicanProf Instagram: @the_republican_professor

Audio of Kennedy v. Bremerton School District (2022) Dissenting Opinion, Part I, Sections A and B. Hey, SCOTUS fans - I thought it was important that I include a reading of the portion of the dissenting opinion in Kennedy v. Bremerton School District that reviews the facts of the case because it includes a significant amount of important facts of the case that were omitted by the majority opinion that I read last episode. I will be reading the opening paragraphs as well as Part I, sections A and B which focus on retelling the facts of the case leading up to the termination of Joseph Kennedy from Bremerton High School.   Access this SCOTUS opinion and other essential case information at: https://www.oyez.org/cases/2021/21-418   Music by Epidemic Sound  

Audio of the opinion of the Court in Kennedy v. Bremerton School District (2022). High School Football Coach Joseph Kennedy prayed aloud with a number of students during and after school games on numerous occasions. When the Bremerton School District asked him to stop, citing the First Amendment's Establishment Clause, Kennedy refused, rallying significant local support. He sued the school district, arguing that the only Constitutional rights that had been violated were his, under the First Amendment as well as Title Seven of the Civil Rights Act of 1964. When the case made it before the Supreme Court, the question was whether the prayer of an employee of a public school during school sports activities was protected speech under the Establishment Clause of the Constitution, and if so, whether the school could prohibit the public prayer in an effort to avoid violating the Establishment Clause? The Court held that both the free exercise and the free speech clauses protect personal religious observance, like Joseph Kennedy's prayers, from government reprisal. One of the things that makes this decision so significant is that it replaced the legal standard the Court had used for the previous five decades, the Lemon Test, with a new standard loosely defined as a consideration or analysis of historical practices and understandings. The Lemon Test was established in the opinion of the Court in Lemon v. Kurtzman, which I just so happened to read last episode.   Access this SCOTUS opinion and other essential case information at: https://www.oyez.org/cases/2021/21-418   Music by Epidemic Sound

Hello Listeners,In this installment of In Summation, Paul brings on special guest host Andrew Heaton of the Political Orphanage podcast to discuss the recent Supreme Court decision in Kennedy v. Bremerton.What ensues is a great conversation about the First Amendment, specifically the negative and positive rights associated with religious liberty in America.  Where is the line between accommodating the free exercise of religion by a state actor and condoning a state-sanctioned religion?  Joseph Kennedy was an assistant high school football coach for the Bremerton School District in Washington State.  A devoutly religious man, he would kneel in prayer at the 50-yard line after football games while the students were singing the school fight song, speaking with their friends/family, or heading back to the locker room.  This practice became a problem for the school district, who felt that Kennedy's actions were likely violating the establishment clause.  When he refused to cease, or change the time or manner in which he prayed, he was ultimately fired, and this law suit resulted.The case went all the way up to the Supreme Court, who had to grapple with the lines between an individuals right to freely exercise their religious practices and the prohibition of any sort of state-sanctioned religion.We hope you enjoy this deep dive into the legal arguments and merits of the ultimate decision!

Welcome to our first episode of Barely Legal! In this episode we discuss Kennedy v. Bremerton School District, a case about a public high school football coach praying after football games (with students at times!) and what that means in terms of freedom of religion and free speech in schools.

In this case from the most recent term, the Court once again says we should look to history and tradition to determine what's appropriate. Which is gonna be a tough one to parse, because the founders didn't really give us a strong sense of how they felt about junior varsity football games at public high schools. Probably because none of those things had been invented yet.Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter.If you're not a Patreon member, you're not hearing every episode! To get exclusive Patreon-only episodes, discounts on merch, access to our Slack community, and more, join at patreon.com/fivefourpod. See acast.com/privacy for privacy and opt-out information.

In this episode, we look at the court's opinion, which ruled 6-3 in favor of a high school football coach's right to pray at the 50-yard line after each football game. Exploring the separation of church and state, we call in some expert witnesses to help us sort this one out.

The Supreme Court is sowing more confusion with its Kennedy v. Bremerton decision, ruling for a public school official and abandoning long-standing Establishment Clause protections in ways that harm the religious freedom rights of students. In our season three finale – and our first episode in front of a live audience – Amanda and Holly discuss the impact of this ruling, and they ponder just what, exactly, would actually constitute “coercion” for this Court. The Supreme Court did not overrule the previous school prayer cases with the decision, but it did gut some of the consensus that protects the religious liberty rights of everyone at public schools. In the second and final segment, Amanda and Holly look to the next Supreme Court term and BJC's plans to continue its work defending faith freedom for all.  The first segment of this episode was recorded in front of a live audience during the Cooperative Baptist Fellowship General Assembly in Dallas, Texas, on June 29, 2022.  Segment 1: A six-justice majority upends settled law (starting at 06:07) Season three of Respecting Religion won the “Best in Class” award for specialty programming from the Religion Communicators Council's DeRose-Hinkhouse Awards.  You can access BJC's resources on the Kennedy v. Bremerton case by visiting BJConline.org/Bremerton, including BJC's amicus brief in this case.  You can read the Bremerton opinion here, written by Justice Neil Gorsuch. Justice Sonia Sotomayor's dissenting opinion includes photos of the prayer practice at issue (see pages 9 and 10 of the dissent, which are on pages 49 and 50 of the opinion PDF document). Segment 2: It's “game on” for BJC (starting at 30:09) Watch the livestream of Holly and Amanda recording the first segment of this podcast during our workshop at the CBF General Assembly at this link.   Holly and Amanda discussed this NPR story by Nina Totenberg: The Supreme Court is the most conservative in 90 years Holly mentioned this article by Kelsey Dallas for Deseret News: The Supreme Court came together on religion this term. Then, it fell apart Amanda mentioned our BJC Luncheon, which was held in Dallas on June 30, listening to Indigenous voices on faith freedom. You can watch a video of the program on our YouTube page.  While the podcast is taking a break, BJC is not! Keep up with our work by subscribing to our email list at BJConline.org/subscribe and following us on Twitter, Instagram, Facebook and YouTube. Respecting Religion is made possible by BJC's generous donors. You can support these conversations with a gift to BJC.

In this episode: Tennesseans learn what a "Blue Alert" was after several alerts were sent to every phone. Jan 6 held an emergency committee hearing, with Mark Meadows aide Cassidy Hutchinson detailing Trumps temper tantrums and actions before and after the insurrection. Roe is officially gone, and we detail the trigger law in TN that will go into effect. But it's not just doom and gloom, we get into activism and ways you can get involved in the community. SCOTUS will have a 6-3 supermajority for likely decades and this week have handed down two additional cases beyond Dobbs that are detriment. First, they curbed EPA's power to limit greenhouse gasses, and lastly, they further eroded the establishment clause in Kennedy V Bremerton. As we warned, state officials would use the Dobbs decision to take more rights away, and first up is Alabama, citing Dobbs to ask courts to let the state ban trans health care for youth. A special thank you to talented artists Local News Legend (@Localnewslegend) for our intro, and Verum(@Verum_Music) for an extended bumper, that gave us permission to use their content for this special release. Become a Patron and support the show! Links to the articles 'We hear you': Blue Alert problems lead to frustration statewide, prompting TBI to apologize Former aide Cassidy Hutchinson testifies on Jan. 6 warnings, pardon requests, and Trump trying to grab the wheel Post-Roe, ‘camping' has become code for abortions. Activists say it may put people at risk. Supreme Court rules for former coach in public school prayer case Supreme Court curbs EPA's power to limit greenhouse gas emissions Alabama cites Roe decision in urging court to let state ban trans health care

A legal breakdown of the most recent 1st amendment case, and its legal implications! Support the show

Here a coach is allowed to pray at midfield after games.Support the show

While most have been tuned into understanding implications the Supreme Court's overturning of Roe v. Wade will have on the country, the ruling on another case with local roots, Kennedy v. Bremerton School District, was issued today.

Joseph Kennedy, a high school football coach, engaged in prayer with a number of students during and after school games. His employer, the Bremerton School District, asked that he discontinue the practice in order to protect the school from a lawsuit based on violation of the Engagement Clause. Kennedy refused and instead rallied local and national television, print media, and social media to support him. Kennedy sued the school district for violating his rights under the First Amendment and Title VII of the Civil Rights Act of 1964. The district court held that because the school district suspended him solely because of the risk of constitutional liability associated with his religious conduct, its actions were justified. Kennedy appealed, and the U.S. Court of Appeals for the Ninth Circuit affirmed. The case was decided on June 27, 2022. The Court held the Free Exercise and Free Speech Clauses of the First Amendment protect an individual engaging in a personal religious observance from government reprisal; the Constitution neither mandates nor permits the government to suppress such religious expression. Justice Gorsuch delivered the opinion of the Court in which Chief Justice Roberts and , Justices Thomas, Alito, and Barrett joined and in which Justice Kavanaugh except as to Part 3–B. Justice Thomas and Justice Alito filed concurring opinions. Justice Sotomayor filed a dissenting opinion, in which Justices Breyer and Kagan joined. Credit: Oyez, LII Supreme Court Resources, Justia Supreme Court Center, available at: https://www.oyez.org/cases/2021/21-418 --- Support this podcast: https://anchor.fm/scotus-opinions/support

This week we get the honor of speaking with Amanda Tyler (Executive Director, BJC) and Brian Kaylor (President, Word & Way) about a recent SCOTUS case involving prayer. In its simplest definition the Kennedy v. Bremerton School District case is about Coach Kennedy praying on the 50 yard line after a game, and whether or not that prayer is considered government speech. This case centers around two key issues: Whether a public-school employee who says a brief, quiet prayer by himself while at school and visible to students is engaged in government speech that lacks any First Amendment protection; and (2) whether, assuming that such religious expression is private and protected by the free speech and free exercise clauses, the establishment clause nevertheless compels public schools to prohibit it.Amanda and Brian help us make sense of the oral arguments and discuss potential implications of the ruling, should SCOTUS favor Coach Kennedy's position. Listen to the entire oral arguments: https://www.c-span.org/video/?519490-1/kennedy-v-bremerton-oral-argumentArticle by David French, 'Let Coach Kennedy Pray': https://www.theatlantic.com/ideas/archive/2022/04/how-praying-football-coach-can-help-preserve-pluralism-public-schools/629709/Brian Kaylor's CBS Interview: https://www.cbsnews.com/news/america-christian-nation-religious-right/Guest bios:Amanda Tyler is executive director of BJC. She leads the organization as it upholds the historic Baptist principle of religious liberty, defending the free exercise of religion and protecting against its establishment by government. Learn more about what BJC does: https://bjconline.orgBrian Kaylor, Word&Way Editor & President since 2016, is an award-winning writer and sought-after expert on issues of religion, politics, and communication. He also hosts the award-winning podcast "Dangerous Dogma"Learn more about Word & Way: https://wordandway.org Support the show

In an ongoing conversation I've been having with the Military Religious Freedom Foundation, we're talking with Marty about a potentially groundbreaking case regarding the establishment clause of the Constitution. This is an important conversation and a must-listen episode. --- Support this podcast: https://anchor.fm/cameron-cowan/support

Elon Musk's agreement to buy Twitter has caused the leftist literati to melt down en masse, prompting the Biden Administration to appoint a "Disinformation Czar" -- ostensibly to combat internet-based "fake news" that germinates into real-world violence. But is its true purpose to push the Democrats' agenda despite Musk's promise to return Twitter to a politically-neutral free speech zone? Plus, we take a special look at the case of Coach Joseph Kennedy, who was fired from his job with a high school in Bremerton, Washington for praying by himself on the 50-yard-line after games. Now, the case is being argued in front of the US Supreme Court and Jeremy Dys, one of the attorneys on the case, joins us to talk about its implications for religious liberty for everyone who works in public education. TOP STORIES: West Coast, Messed Coast™ Update — Smothering Babies and Free Speech in the Crib Edition Calif. Dems Push Bill to Punish Doctors Who Disagree With Regime's Scientific 'Consensus' Watch: L.A.'s Transit System Is a Criminal Cesspool HERO: Florida Sheriff Gives Fantastic Advice for Crime Victims to 'Save Taxpayers Money' Here Are 10 Ways Elon Musk Vows to Change Twitter Trump Has a Message for Nancy-Boy Bed Wetters Worried That He'll Return to Twitter West Coast, Messed Coast™ Report – San Francisco's Drunk and Disorderly Edition Antifa's Violent Attack on the Portland 'Peoples Truck Convoy' Was Openly Plotted on Twitter MORE INFO: VictoriaTaft.com Victoria Taft @ PJ Media --- Support this podcast: https://anchor.fm/victoria-taft/support

On April 25, 2022, the U.S. Supreme Court will hear oral argument in Kennedy v. Bremerton School District. Bremerton School District in Washington state removed Coach Joe Kennedy from his job as a public high school football coach after kneeling in brief, quiet prayer on the field after football games. Coach Kennedy filed suit alleging […]

This week, the Supreme Court discussed a coach-led prayer practice on the football field, hearing two very different versions of the facts. Amanda and Holly review Monday's oral arguments in Kennedy v. Bremerton in this podcast, sharing their four takeaways and playing key courtroom exchanges. From the fights over the facts to conflating the rights of students and school officials, there are plenty of moments that caused more than fleeting concerns.   SHOW NOTES: Segment 1: Get your facts straight (starting at 00:51) You can see Amanda's videos outside the Supreme Court on oral argument day on Facebook, Twitter and Instagram. Amanda and Holly previewed Kennedy v. Bremerton in Episode 14. Americans United for Separation of Church and State represented the Bremerton school district, and Richard Katskee presented their arguments in the courtroom. First Liberty represented Coach Joseph Kennedy, and Paul Clement presented their arguments in the courtroom. In this segment, we played the following clips, which are all available from the Supreme Court's audio recording of the oral arguments: Justice Stephen Breyer (from 15:37 in the oral argument) Justice Elena Kagan and Paul Clement (from 37:59 in the oral argument) Chief Justice John Roberts (from 57:28 in the oral argument) You can learn more about Kennedy v. Bremerton and read BJC's brief in the case at BJConline.org/Bremerton.   Segment 2: Tim Tebow, Mohamed Salah, and examples that aren't relevant to this case (starting at 19:30) Amanda and Holly mentioned several cases about religion and public schools: Tinker v. Des Moines (1969) Santa Fe v. Doe (2000) Engel v. Vitale (1962) Abington v. Schempp (1963) Lemon v. Kurtzman (1971 – origin of the “Lemon test”) In this segment, we played the following clips, which are all available from the Supreme Court's audio recording of the oral arguments: Paul Clement answering a question from Justice Brett Kavanaugh (from 43:26 in the oral argument) Justice Brett Kavanaguh and Richard Katskee (from 01:01:42 in the oral argument) Justice Neil Gorsuch and Richard Katskee (from 01:27:16 in the oral argument) Justice Samuel Alito and Richard Katskee (from 01:18:32 in the oral argument) The American Jewish Committee, the Evangelical Lutheran Church in America, and the General Synod of the United Church of Christ joined BJC's brief, which was co-authored by Professors Douglas Laycock and Christopher Lund.   Segment 3: Where do we go from here? (starting at 40:40) Holly's reaction to the case was quoted in this article from the Los Angeles Times by David Savage: Supreme Court conservatives lean toward allowing football coach's postgame prayers Dr. Charles Haynes shared his experience teaching guidelines in the public schools in this piece for Baptist News Global: At the Supreme Court: The First Amendment on the 50-yard-line   Respecting Religion is made possible by BJC's generous donors. You can support these conversations with a gift to BJC. 

On April 25, 2022, the U.S. Supreme Court will hear oral argument in Kennedy v. Bremerton School District.Bremerton School District in Washington state removed Coach Joe Kennedy from his job as a public high school football coach after kneeling in brief, quiet prayer on the field after football games. Coach Kennedy filed suit alleging that the school district's ban on “demonstrative religious activity” violated his First Amendment rights under the Free Speech and Free Exercise Clauses.In 2019, on appeal of the denial of a preliminary injunction, the U.S. Supreme Court declined the petition for review, allowing further factual development. Justice Alito, joined by Justices Thomas, Gorsuch, and Kavanaugh, issued a statement respecting the denial of certiorari, writing that the “Ninth Circuit's understanding of the free speech rights of public school teachers is troubling and may justify review in the future.”This year, the Supreme Court granted cert on two questions concerning the interplay of the Free Speech, Free Exercise, and Establishment Clauses:Whether a public-school employee who says a brief, quiet prayer by himself while at school and visible to students is engaged in government speech that lacks any First Amendment protection.Whether, assuming that such religious expression is private and protected by the Free Speech and Free Exercise Clauses, the Establishment Clause nevertheless compels public schools to prohibit it.We will break down the argument on the same day, April 25, 2022.Featuring:-- Stephanie Taub, Senior Counsel, First LibertyNote: Coach Kennedy is represented by Kirkland & Ellis and First Liberty Institute.

QUESTION PRESENTED Whether a public-school employee who says a brief, quiet prayer by himself while at school and visible to students is engaged in government speech that lacks any First Amendment protection; and  whether, assuming that such religious expression is private and protected by the free speech and free exercise clauses, the establishment clause nevertheless compels public schools to prohibit it. Date Proceedings and OrdersSep 14 2021 | Petition for a writ of certiorari filed. (Response due October 18, 2021)Sep 16 2021 | Blanket Consent filed by Petitioner, Joseph A. KennedySep 20 2021 | Motion to extend the time to file a response from October 18, 2021 to December 7, 2021, submitted to The Clerk.Sep 21 2021 | Motion to extend the time to file a response is granted and the time is extended to and including December 7, 2021.Sep 27 2021 | Blanket Consent filed by Respondent, Bremerton School DistrictOct 14 2021 | Brief amici curiae of Former Professional Football Players Steve Largent and Chad Hennings filed.Oct 15 2021 | Brief amici curiae of Current State Legislators filed.Oct 18 2021 | Brief amicus curiae of Coach Tommy Bowden filed.Oct 18 2021 | Brief amici curiae of Members of Congress filed.Oct 18 2021 | Brief amicus curiae of Chaplain Alliance For Religious Liberty filed.Oct 18 2021 | Brief amicus curiae of Galen Black filed.Oct 18 2021 | Brief amici curiae of The Ethics and Religious Liberty Commission of the Southern Baptist Convention, et al. filed.Oct 18 2021 | Brief amicus curiae of Pennsylvania Family Institute filed.Oct 18 2021 | Brief amici curiae of Twenty-Four States filed.Oct 18 2021 | Brief amici curiae of Advancing American Freedom, et al. filed.Dec 07 2021 | Brief of respondent Bremerton School District in opposition filed.Dec 21 2021 | Reply of petitioner Joseph A. Kennedy filed. (Distributed)Dec 22 2021 | DISTRIBUTED for Conference of 1/7/2022.Jan 10 2022 | DISTRIBUTED for Conference of 1/14/2022.Jan 14 2022 | Petition GRANTED.Jan 21 2022 | Blanket Consent filed by Petitioner, Joseph A. KennedyJan 21 2022 | Blanket Consent filed by Respondent, Bremerton School DistrictFeb 16 2022 | Brief amicus curiae of Alabama Center for Law and Liberty filed.Feb 18 2022 | Suggestion of mootness filed by respondent Bremerton School District. (Distributed)Feb 22 2022 | Brief amicus curiae of Liberty Justice Center filed.Feb 23 2022 | Brief of petitioner Joseph A. Kennedy filed.Feb 23 2022 | Joint appendix filed (statement of costs filed).Feb 23 2022 | Brief amicus curiae of Foundation for Moral Law filed.Feb 24 2022 | Brief amicus curiae of American Constitutionals Rights Union filed.Feb 25 2022 | Brief amicus curiae of Darrell Green filed.Feb 25 2022 | Response to Suggestion of mootness filed. (Distributed)Feb 28 2022 | Reply in Support of Suggestion of Mootness filed. (Distributed)Feb 28 2022 | Brief amici curiae of World Faith Foundation, et al. filed.Mar 01 2022 | Brief amicus curiae of Thomas More Society filed.Mar 01 2022 | Brief amicus curiae of Claremont Institute's Center for Constitutional Jurisprudence filed.Mar 01 2022 | Brief amici curiae of Mountain States Legal Foundation and Southeastern Legal Foundation filed.Mar 01 2022 | Brief amici curiae of Family Policy Alliance and State Family Policy Councils filed.Mar 01 2022 | Brief amici curiae of Current State Legislators filed.Mar 02 2022 | Brief amicus curiae of Coach Tommy Bowden filed.Mar 02 2022 | Brief amicus curiae of Chaplain Alliance For Religious Liberty filed.Mar 02 2022 | Brief amicus curiae of American Center for Law and Justice filed.Mar 02 2022 | Brief amicus curiae of The American Cornerstone Institute filed.Mar 02 2022 | Brief amicus curiae of Galen Black filed.Mar 02 2022 | Brief amici curiae of Members of Congress filed.Mar 02 2022 | Brief amicus curiae of Liberty Counsel filed.Mar 02 2022 | Brief amici curiae of Former Professional Football Players Steve Largent and Chad Hennings filed.Mar 02 2022 | Brief amici curiae of Former Attorneys General, Edwin Meese II, et al. filed.Mar 02 2022 | Brief amici curiae of Kirk Cousins, et al. filed.Mar 02 2022 | Brief amicus curiae of Foundation for Individual Rights in Education filed.Mar 02 2022 | Brief amicus curiae of America First Legal Foundation filed.Mar 02 2022 | Brief amici curiae of Jewish Coalition for Religious Liberty, et al. filed.Mar 02 2022 | Brief amicus curiae of The America First Policy Institute filed.Mar 02 2022 | Brief amicus curiae of Americans for Prosperity Foundation filed.Mar 02 2022 | Brief amicus curiae of The American Legion filed.Mar 02 2022 | Brief amicus curiae of The Rutherford Institute filed.Mar 02 2022 | Brief amicus curiae of United States Conference of Catholic Bishops filed.Mar 02 2022 | Brief amici curiae of Elisabeth P. DeVos and Defense of Freedom Institute for Policy Studies filed.Mar 02 2022 | Brief amici curiae of Ethics and Religious Liberty Commission of the Southern Baptist Convention filed.Mar 02 2022 | Brief amicus curiae of Christian Legal Society filed.Mar 02 2022 | Brief amici curiae of Advancing American Freedom, Young America's Foundation, and 42 Additional Organizations and Individuals filed (3/18/22 brief and PDF to be corrected and resubmitted.)Mar 02 2022 | Brief amici curiae of Advancing American Freedom, Young America's Foundation, and 39 Additional Organizations and Individuals filed. (03/24/2022). (Distributed)Mar 02 2022 | Brief amici curiae of Twenty-Seven States filed.Mar 02 2022 | Brief amicus curiae of Notre Dame Law School Religious Liberty Initiative filed.Mar 02 2022 | Brief amicus curiae of Protect The First Foundation filed.Mar 15 2022 | ARGUMENT SET FOR Monday, April 25, 2022.Mar 16 2022 | Record requested from the U.S.C.A. 9th Circuit.Mar 17 2022 | The record from the U.S.C.A. 9th Circuit is electronic and located on Pacer.Mar 23 2022 | CIRCULATEDMar 25 2022 | Brief of respondent Bremerton School District filed. (Distributed)Mar 31 2022 | Brief amici curiae of Lambda Legal Defense and Education Fund, Inc., et al. filed. (Distributed)Mar 31 2022 | Brief amici curiae of Bremerton Community Members - BHS Football Team Alumnus, Parents, Community Leaders, and Educators filed. (Distributed)Mar 31 2022 | Brief amici curiae of Church-State Scholars filed. (Distributed)Mar 31 2022 | Brief amici curiae of Baptist Joint Committee for Religious Liberty, et al. filed. (Distributed)Apr 01 2022 | Brief amici curiae of Jo Ann Magistro and Alan Brodman filed. (Distributed)Apr 01 2022 | Brief amicus curiae of Washington State School Directors' Association filed. (Distributed)Apr 01 2022 | Brief amici curiae of American Civil Liberties Union and ACLU of Washington filed. (Distributed)Apr 01 2022 | Brief amici curiae of Forum on the Military Chaplaincy and Former Members of the Military and Military Chaplaincies filed. (Distributed)Apr 01 2022 | Brief amici curiae of Freedom From Religion Foundation, et al. filed. (Distributed)Apr 01 2022 | Brief amici curiae of New York, et al. filed. (Distributed)Apr 01 2022 | Brief amici curiae of AASA, The School Superintendents Association, et al. filed. (Distributed)Apr 01 2022 | Brief amici curiae of Former Professional Football Players Obafemi D. Ayanbadejo, Sr., et al. filed. (Distributed)Apr 01 2022 | Brief amici curiae of Religious and Denominational Organizations and Bremerton-Area Clergy filed. (Distributed)Apr 01 2022 | Brief amici curiae of Members of the U.S. House of Representatives filed. (Distributed)Apr 01 2022 | Brief amicus curiae of American Atheists, Inc. filed. (Distributed)Apr 01 2022 | Brief amici curiae of Washington State Charter Schools Association and California Charter Schools Association filed. (Distributed)Apr 01 2022 | Brief amicus curiae of California School Boards Association and its Education Legal Alliance filed. (Distributed)Apr 01 2022 | Brief amici curiae of Psychology and Neuroscience Scholars filed. (Distributed)Apr 01 2022 | Brief amicus curiae of Robert D. Kamenshine filed. (Distributed)Apr 01 2022 | Brief amici curiae of National Education Association, et al. filed. (Distributed)Apr 01 2022 | Brief amici curiae of City, county, and local public employer organizations filed. (Distributed)Apr 01 2022 | Motion of City, County, and Local Public Employer Organizations for leave to participate in oral argument as amici curiae and for divided argument filed.Apr 14 2022 | Motion of City, County, and Local Public Employer Organizations for leave to participate in oral argument as amici curiae and for divided argument DENIED.Apr 15 2022 | Reply of petitioner Joseph A. Kennedy filed. (Distributed)Apr 25 2022 | Argued. For petitioner: Paul D. Clement, Washington, D. C. For respondent: Richard B. Katskee, Washington, D. C.★ Support this podcast on Patreon ★

A case in which the Court will consider whether a public school's attempt to avoid an Establishment Clause claim by forbidding a coach from praying with students during and after a game violates the coach's rights under the Constitution or Title VII.

Kennedy v. Bremerton Sch. Dist. | 04/25/22 | Docket #: 21-418

Kennedy v. Bremerton Sch. Dist.

Kennedy v. Bremerton Sch. Dist.

The Dawn Stensland Show Hour 2 We open up the second hour discussing the Tyquan Atkinson trial and how the decisions in that case are received Then Dawn talks about the hypocrisy within our schools as it pertains to football coach Joe Kennedy's prayer circle after games and when kneeling is acceptable This brought us to the case of Scott Smith and his daughter and Loudon county's coverup of sexual assault Biden is making it hard on charter schools which prompted spirited conversations from our listeners Randi Weingarten complaining about the rights agenda on CRT adding fuel to the charter school discussion fire And Dom Giordano helps us wrap up the show!

In today's episode of Interactions, we discuss the ongoing court case of Kennedy v. Bremerton School District with Ira “Chip” Lupu and Holly Hollman. The case concerns a public high school football coach in Washington State who argues that he has the right to pray on the fifty-yard line of the field after each game—and that his high school players should be allowed to join in. Coach Kennedy argues that his “brief and quiet” prayer is private speech protected under the First Amendment and the Free Exercise clause. But his position as a football coach at a public school means that his prayer could actually be in violation of the wall of separation between church and state.  Ira, nationally recognized scholar in constitutional law, is professor of law emeritus at George Washington University and coauthor of https://nam11.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.eerdmans.com%2FProducts%2F7079%2Fsecular-government-religious-people.aspx&data=05%7C01%7Ceythen.aaron.anthony%40emory.edu%7C6bf41ae639a44ff41d2b08da26cc9f9f%7Ce004fb9cb0a4424fbcd0322606d5df38%7C0%7C0%7C637864957535493840%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=ENOeKj5BJwyvRsCbCeATAjRd2CZVGDXe32gLv%2FdQsaM%3D&reserved=0 (Secular Government, Religious People). Holly is a leading expert on religious liberty and general counsel at Baptist Joint Committee for Religious Liberty (BJC). She is also cohost of the Respecting Religion podcast with BJC executive director Amanda Tyler and adjunct faculty at Georgetown University. Is Coach Kennedy's prayer public or private speech? Does it violate the establishment clause? And should teachers be allowed to pray with students in public schools? Find out in today's episode of Interactions. Legal scholars to speak in support of Coach Kennedy were invited to the discussion but declined to participate. Follow Ira on Twitter https://nam11.safelinks.protection.outlook.com/?url=https%3A%2F%2Ftwitter.com%2Ficlupu&data=05%7C01%7Ceythen.aaron.anthony%40emory.edu%7C6bf41ae639a44ff41d2b08da26cc9f9f%7Ce004fb9cb0a4424fbcd0322606d5df38%7C0%7C0%7C637864957535493840%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=3lnXrXb71zD3CVnmxtzm78xhyGyVGeRg6BedeeWHJEQ%3D&reserved=0 (here), and click https://nam11.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.eerdmans.com%2FProducts%2F7079%2Fsecular-government-religious-people.aspx&data=05%7C01%7Ceythen.aaron.anthony%40emory.edu%7C6bf41ae639a44ff41d2b08da26cc9f9f%7Ce004fb9cb0a4424fbcd0322606d5df38%7C0%7C0%7C637864957535493840%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=ENOeKj5BJwyvRsCbCeATAjRd2CZVGDXe32gLv%2FdQsaM%3D&reserved=0 (here) to purchase his book. Subscribe to Holly's podcast, Respecting Religion, on https://nam11.safelinks.protection.outlook.com/?url=https%3A%2F%2Fopen.spotify.com%2Fshow%2F29IoVEN0fXxTdjhZgw9KMc%3Fsi%3Dd25c35376fca4a49&data=05%7C01%7Ceythen.aaron.anthony%40emory.edu%7C6bf41ae639a44ff41d2b08da26cc9f9f%7Ce004fb9cb0a4424fbcd0322606d5df38%7C0%7C0%7C637864957535493840%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=Cc2OoQCKGPZuo9xZMQ3awr9B4YrZRcI4OObeJFKJxL4%3D&reserved=0 (Spotify). Her amicus briefing, written in tandem with Christopher C. Lund, Douglas Laycock, and several denominational groups and referenced in today's episode, can be...

A public high school football coach is claiming a right to pray with students on the 50-yard-line immediately after the game while still on duty. What's the best way to protect religious freedom for everyone in this situation? Amanda and Holly talk about the Supreme Court case of Kennedy v. Bremerton, what's at stake, and how various groups are portraying what really happened. They go over BJC's brief, which works to find a solution for everyone that protects the rights of students to be free to make their own choices about what religious practices they want to do and when to do so. Amanda and Holly also discuss the lines between private practice and government speech, and the different rights of students – who are compelled to be at school – and government employees, who represent the government.    SHOW NOTES: Segment 1: What is going on in this case? Outlining the facts and setting the record straight (starting at 00:50) In episode 10, Amanda and Holly discussed Shurtleff v. Boston, the flag-raising case at Boston City Hall. BJC filed a brief in the Kennedy v. Bremerton case, defending students' rights to religious liberty. You can read the brief here, and read more about it on our website in this article: BJC urges Supreme Court to reject high school coach's defense of on-field prayers with students. BJC's brief was led by Holly and BJC Associate General Counsel Jennifer Hawks, and it was written by church-state scholars Douglas Laycock and Christopher Lund.   Segment 2: Previewing the oral arguments (starting at 16:30) Amanda and Holly mentioned several cases involving case law about the rights of government employees and the rights of the government as an employer: Pickering v. Board of Education (1968) Garcetti v. Ceballos (2006) They also mentioned cases about religion and public schools and speech that are relevant to this case: Good News Club v. Milford Central School (2001) Santa Fe v. Doe (2000) (another case involving prayer at public school football games) Tinker v. Des Moines (1969) You can read BJC's guidance on religion in the public schools – including consensus guidelines put together by diverse groups in decades past – by visiting BJConline.org/religion-public-schools-resources/.   Segment 3: Religion and sports in our lives today  (starting at 33:56) Amanda and Holly discussed this article by Kelsey Dallas, published by Deseret News: Trying to raise successful kids? Experts say you shouldn't forget about faith Respecting Religion is made possible by BJC's generous donors. You can support these conversations with a gift to BJC. 

More on two of America's favorite subjects this week. Josh House rejoins us as we analyze six separate opinions about one football coach. Josh last came on in the spring when the Ninth Circuit said the coach didn't have a prayer. Although that ruling stands for now, a number of judges recently exercised their freedom to speak differently. And maybe it's because of the name, but there's a lot of Second Amendment law firing out of the Second Circuit. Adam Griffin explains how the court was on target in a case about individual versus collective rights. Kennedy v. Bremerton School District, https://cdn.ca9.uscourts.gov/datastore/opinions/2021/07/19/20-35222.pdf (en banc) Kennedy v. Bremerton School District, https://cdn.ca9.uscourts.gov/datastore/opinions/2021/03/18/20-35222.pdf (panel decision) Henry v. County of Nassau, https://www.ca2.uscourts.gov/decisions/isysquery/bd83884e-0f7c-40bf-8012-74caac7b31d8/9/doc/20-1027_opn.pdf#xml=https://www.ca2.uscourts.gov/decisions/isysquery/bd83884e-0f7c-40bf-8012-74caac7b31d8/9/hilite/ Episode on the Right to “Bear” Arms, https://ij.org/sc_podcast/174/ Josh House, https://ij.org/staff/joshua-house/ Adam Griffin, https://ij.org/staff/adam-griffin/ Anthony Sanders, https://ij.org/staff/asanders/ iTunes: https://podcasts.apple.com/us/podcast/short-circuit/id309062019 Spotify: https://podcasters.spotify.com/podcast/1DFCqDbZTI7kIws11kEhed/overview Stitcher: https://www.stitcher.com/podcast/institute-for-justice/short-circuit Google: https://play.google.com/music/listen?u=0#/ps/Iz26kyzdcpodkfm5cpz7rlvf76a Newsletter: ij.org/about-us/shortcircuit/ Want to email us? shortcircuit@ij.org

Joseph Kennedy v. Bremerton School District

Attorney Michael Smith, joined by associate Josh Whiteside, talks with host Devon Lincoln about the role that religion plays in the lives of public school students and their teachers and other staff, and how schools can create a climate of inclusivity and support for students of every background and faith tradition. Show Notes & References 6:13  Kennedy v. Bremerton School Dist. 869 F.3d 813 (2017); School District Need Not Accommodate Coach's Request to Publicly Pray at Football Games (Client News Brief: October 2017) 8:35  Equal Access Act (20 U.S.C. § 4071 et seq.) 10:23  See Ed. Code, §§ 52, 53. 12:05  The Satanic Temple Seeks Access to Public Elementary Schools Nationwide (Client News Brief: September 2016) 18:04  Abington v. Schempp (1963) 374 U.S. 203 30:06  Fair Education Act (Ed. Code, § 51204.5.) 36:05  Assembly Bill (AB) 1248; New Law Entitles Students To Wear Tribal Regalia Or Recognized Objects Of Religious, Ceremonial Or Cultural Significance As An Adornment At School Graduation Ceremonies (Client News Brief: January 2019)   For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.

Today's episode features a deep dive into a bunch of different issues around granting the writ of certiorari -- "cert" -- and some of the intricacies of how the Trump administration is trying to take advantage of the activist Supreme Court.  Oh, and we also tackle a lawsuit that's being grossly misrepresented by the media. We begin with a discussion of the unique procedure of "cert before judgment."  What is it, how rare is it, and... why is the Trump administration trying to deploy it with alarming frequency?  Listen and find out! Then, we revisit litigation regarding the census that we first discussed back in Episode 232, and the administration's effort to... get cert before judgment (of course). Our main segment looks at something Andrew has never seen before:  essentially, a four-justice dissent from a denial of certiorari.  Why is this weird?  Listen and find out as we dissect that very opinion in Kennedy v. Bremerton School Dist. Next, we tackle a recent clickbaity headline involving a dishwasher allegedly showered with money for "skipping work to go to church."  Find out why the reporting on this case has been totally irresponsible and what really happened. After all that, it's time for the answer to Thomas Takes The Bar Exam #111, which involved a contract for defective water bottles.  As always, remember to follow our Twitter feed (@Openargs) and like our Facebook Page so that you too can play along with #TTTBE! Appearances None!  If you’d like to have either of us as a guest on your show, drop us an email at openarguments@gmail.com. Show Notes & Links "Cert before judgment" is governed by Supreme Court Rule 11. We first discussed the census litigation back in Episode 232.  You can read the motion to dismiss the writ of certiorari as improvidently granted, as well as the U.S. reply. Click here to read the "statement" regarding the denial of cert in Kennedy v. Bremerton School Dist. Click here to read the CBS news report on the Hilton lawsuit, and here to read the (even worse) reporting by the Friendly Atheist blog. By contrast, you can read the actual Jean Pierre Hilton overtime lawsuit and the jury's verdict.  Oh, and here's the EEOC's statement limiting punitive damages in retaliation cases to just $300,000 (not $21 million). Support us on Patreon at:  patreon.com/law Follow us on Twitter:  @Openargs Facebook:  https://www.facebook.com/openargs/ Don't forget the OA Facebook Community! For show-related questions, check out the Opening Arguments Wiki And email us at openarguments@gmail.com  

This week find out WTF was up with the hoopla over the recent Ninth Circuit ruling in Kennedy v. Bremerton School District (the case of the praying football coach).   Hear from Recovering from Religion podcast co-host Scott Smith (please note correction: if I said during the show that Scott founded recovering from religion, I spoke in error)   School prayer clips: https://www.youtube.com/watch?v=1Pluh6NwTX8 https://www.youtube.com/watch?v=rrRMmznU8hQ https://www.youtube.com/watch?v=Nf0DzGlisXQ   Noah's Ark Restaurant: http://www.noahsark-restaurant.com/ http://web.kitsapsun.com/archive/1997/12-21/0030_christian_marketing.html   Recovering from Religion:   https://www.recoveringfromreligion.org/#rfr-welcome Helpline number: 1-84-I- DOUBT-IT Podcast:https: //www.recoveringfromreligion.org/podcast/ Email: podcast@recoveringfromreligion.org Secular Therapy Project: https://www.seculartherapy.org/   ***   Please share the Habeas Humor Patreon page: www.patreon.com/habehumor Subscribe to Habeas Humor on iTunes: https://itun.es/us/sms5hb.c Subscribe on Stitcher: http://www.stitcher.com/s?fid=140194&refid=stpr Email the show: HabeHumor@gmail.com Twitter: @habeashumor Facebook: https://www.facebook.com/habeashumor/   Please note that this podcast is for entertainment only and does not constitute legal advice or form an attorney-client relationship.