separation of church and state

I think the word that is the catch is "mention". As is in "Being a Christian or whatever". I think is find. If he begins to preach then that is another story.

 

They are given because people want them, but to have a graduation without one is certainly not infringing on someone's rights. Whoever is in charge of the event would certainly have the right to ask the speaker to stay away from controversial or incendiary. The speaker then has the right to decide whether or not to edit his comments. But unless someone is arresting the guy or punishing him, then not being allowed to give the speech is not violating the First in any way.

 

Nope. If it's a student, fine. Principal or teacher, that's different. If it's a student, I think it falls under free speech. I can get up and leave if I dont want to sit there.

 

Grid, do you want the actual legal distinction here or is this merely rhetorical? First amendment stuff isn't my specialty, but I believe this falls under special exceptions for speech made in govt settings versus open public forums.

IMO though, the kid should be able to rattle off a couple of mentions, but if he does turn it into a conversion sermon, then he is violating the rights of the people he is addressing. There's a balancing test that always takes place with these things. These folks didn't come to hear a religious pitch (implied consent), so they shouldn't be subjected to one.

 

OK, I think I asked this in the original post but didn't clarify that I was referring to the separation of church and state (thought the title of the thread made it clear). Would the mere mention of one's faith in a speech at a public school qualify as a violation of rules regarding the separation of church and state?

In a nutshell: is the speech-giver violating someone else's rights by mentioning his faith in the speech?

 

Mentioning, no. Making it the recurring and constant theme, probably.

 

still no

 

how so?

 

By making it part of the entire process then you are saying to the audience that they either have to listen to the speech or not participate in the graduation ceremony. So you have now pitted the students right to say something (which does not grant him an audience) against their right to peacefully assemble.

If you then force an audience member to listen to your version of religion, then you are also infringing upon their ability to enjoy a gathering in a non religious place without being subjected to religion - which is an entriely reasonable assumption on their part.

I don't really think that it is a First Ammendment issue in any way, but if you want to make it one, and the kid has been approached and asked to tone it down and refused, then I would say that he is in the wrong.

 

To me, so long as the school wasn't specifically encouraging and/or asking for the part about the religion, the kid should be able to say pretty much whatever he wants. He isn't an employee of the school/state.