Shannon P. Duffy
The Legal Intelligencer
June 2, 2009

In the court battles over prayer in school, the cutting-edge cases are increasingly coming from the kindergarten classrooms.

The latest such case, Busch v. Marple Newtown School District, attracted six friend-of-the-court briefs when it went before the 3rd U.S. Circuit Court of Appeals and resulted in a 48-page decision with all three judges on the panel weighing in.

Voting 2-1, the court rejected the claims of the mother of a kindergarten student who said public school officials violated her First Amendment rights when they prohibited her from reading verses from the Bible — which she said was her son Wesley’s favorite book — during a program called “All About Me” week.

Writing for the court, 3rd Circuit Chief Judge Anthony J. Scirica said “parents of public school kindergarten students may reasonably expect their children will not become captive audiences to an adult’s reading of religious texts.”

(more…)

A Collegian photographer’s lawyer served a motion to make a First Amendment case against his charges.
A motion served Wednesday formally spells out why attorney Andrew Shubin believes the prosecution of Collegian photographer Michael Felletter violates the First Amendment. (more…)