Court (SCOTUS) turns down student over religious speech

[usregimechange]

WASHINGTON (AP) -- The Supreme Court has rejected an appeal from a student who complained that high school officials violated her constitutional rights when they turned off her microphone during her religion-tinged graduation speech.

The justices said Monday they will not revive a lawsuit filed by Brittany McComb of Henderson, Nev. challenging the actions of Clark County school officials. A federal appeals court ruled previously ruled against her.

During McComb's speech at the Foothill High School graduation in 2006, officials turned off McComb's microphone when the school valedictorian strayed from an approved text to provide a graphic account of Jesus' crucifixion and credit God for her success in school.

http://hosted.ap.org/dynamic/stories/U/US_SUPREME_COURT_COMMENCEMENT_RELIGION?SITE=AP&SECTION=HOME&TEMPLATE=DEFAULT


And given the "rule of four" this likely means that Sotomayor, Kennedy and at least one of the four Scalitos, in effect, voted for the Separation of Church and State.

[NecklyTyler]

1. This is a no brainier - Publicly funded school and the Establishment Clause of the First Amendment

The school, which receives money from the Federal Government, cannot allow the appearance of impropriety in the speech. A casual listener could take away the message that the school was endorsing a particular brand of religion which violates the Establishment Clause. What I would like to know is how this even got into court, much less the Supreme Court. How many taxpayer dollars have gone down the tubes on this

[usregimechange]

2. 9th Circuit overturned Baby Bush appointee: Robert Clive Jones

Appeal from the United States District Court
for the District of Nevada
Robert C. Jones, District Judge, Presiding...

Defendants did not violate McComb’s free speech and free exercise rights
by preventing her from making a proselytizing graduation speech. Cole v. Oroville
Union High School District, 228 F.3d 1092, 1101 (9th Cir. 2000); Lassonde v.
Pleasanton Unified School District, 320 F.3d 979, 983 (9th Cir. 2003). Nor did
they violate McComb’s right to equal protection; they did not allow other
graduation speakers to proselytize.

REVERSED and REMANDED for dismissal of the claims that are the
subject of this appeal.

http://www.ca9.uscourts.gov/datastore/memoranda/2009/03/20/07-16194.pdf