SMGT 3861 Lecture Notes - Lecture 8: Free Exercise Clause, Proselytism, United States Constitution
Document Summary
Private actors/state actors application: ncaa not a state actor, high school athletic association typically are state actors, professional sport leagues and teams: not state actors. Establishment clause: a sentence in the first amendment of the united states constitution that prohibits the government from establishing a state-sponsored religion, promoting religion, or favor religion over non-religion. In most cases, a nonsectarian and non-proselytizing student-initiated prayer before and after a sporting event is a safe haven. Classroom prayer is not: this is hard to establish for school sporting events, school typically picks student speakers, school can"t direct the process that results in prayer, the prayer must truly be student initiated. Maximum due process requirements: written notice of hearing, written statement of the charges, provision of adversarial hearing, written or taped record of proceedings, right of appeal. Standards of review: strict scrutiny ("suspect class" - race, ethnicity, national origin)
