Connect with us

Education

Supreme Court Sides With Coach Over Prayers on 50-Yard Line

Published

on

Supreme Court Sides With Coach Over Prayers on 50-Yard Line

WASHINGTON — The Supreme Courtroom dominated on Monday {that a} highschool soccer coach had a constitutional proper to hope on the 50-yard line after his crew’s video games.

The vote was 6 to three, with the courtroom’s three liberal members in dissent. The choice got here lower than per week after the courtroom dominated, by the identical vote, that Maine couldn’t exclude spiritual colleges from a tuition program, and it was the newest in a protracted line of selections increasing the place of faith in public life and notably in training.

Justice Neil M. Gorsuch, writing for almost all, mentioned the prayers of the coach, Joseph Kennedy, have been protected by the First Modification.

“Respect for spiritual expressions is indispensable to life in a free and numerous republic — whether or not these expressions happen in a sanctuary or on a subject, and whether or not they manifest via the spoken phrase or a bowed head,” he wrote. “Right here, a authorities entity sought to punish a person for participating in a quick, quiet, private spiritual observance.”

In dissent, Justice Sonia Sotomayor wrote that almost all had gone astray.

Advertisement

“At this time’s determination,” she wrote, “is especially misguided as a result of it elevates the spiritual rights of a college official, who voluntarily accepted public employment and the bounds that public employment entails, over these of his college students, who’re required to attend college and who this courtroom has lengthy acknowledged are notably weak and deserving of safety.”

“In doing so,” she wrote, “the courtroom units us additional down a deadly path in forcing states to entangle themselves with faith, with all of our rights hanging within the steadiness.”

Mr. Kennedy mentioned he was delighted by the choice.

“That is simply so superior,” he mentioned in an announcement. “All I’ve ever wished was to be again on the sphere with my guys.”

Rachel Laser, the president of Individuals United for Separation of Church and State, which represented the college board within the case, lamented what she mentioned was the newest in a collection of mounting setbacks.

Advertisement

“At this time, the courtroom continued its assault on church-state separation, by falsely describing coercive prayer as ‘private’ and stopping public colleges from defending their college students’ spiritual freedom,” she mentioned in an announcement.

The case, Kennedy v. Bremerton Faculty District, No. 21-418, pitted the rights of presidency staff to free speech and the free train of their religion towards the Structure’s prohibition of presidency endorsement of faith and the flexibility of public employers to manage speech within the office. The choice was in rigidity with many years of Supreme Courtroom precedents that forbade pressuring college students to take part in spiritual actions.

Mr. Kennedy had served as an assistant coach at a public highschool in Bremerton, Wash., close to Seattle. For eight years, he routinely provided prayers after video games, with college students usually becoming a member of him. He additionally led and took part in prayers within the locker room, a apply he later deserted and didn’t defend within the Supreme Courtroom.

In 2015, after an opposing coach advised the principal at Mr. Kennedy’s college that he thought it was “fairly cool” that Mr. Kennedy was allowed to hope on the sphere, the college board instructed Mr. Kennedy to not pray if it interfered together with his duties or concerned college students. The 2 sides disagreed about whether or not Mr. Kennedy complied.

A faculty official beneficial that the coach’s contract not be renewed for the 2016 season, and Mr. Kennedy didn’t reapply for the place.

Advertisement

The bulk and dissenting opinions provided starkly completely different accounts of what had occurred in Mr. Kennedy’s ultimate months.

Justice Gorsuch wrote that Mr. Kennedy had sought solely to supply a quick, silent and solitary prayer. Justice Sotomayor responded that the general public nature of his prayers and his stature as a pacesetter and position mannequin meant that college students felt compelled to take part, no matter their faith and whether or not they wished to or not.

Justice Gorsuch wrote that the coach, a minimum of after the video games at difficulty within the case, “provided his prayers quietly whereas his college students have been in any other case occupied.”

Justice Sotomayor gave a special account of the info, taking account of an extended time interval.

“Kennedy persistently invited others to hitch his prayers and for years led student-athletes in prayer,” she wrote. In an uncommon transfer, the dissent included pictures displaying Mr. Kennedy kneeling with gamers and others.

Advertisement

Justice Gorsuch wrote that Mr. Kennedy was not talking for the college when he prayed.

“He was not instructing gamers, discussing technique, encouraging higher on-field efficiency or engaged in another speech the district paid him to provide as a coach,” Justice Gorsuch wrote.

As an alternative, he wrote, Mr. Kennedy merely took a second to hope whereas others checked their textual content messages or greeted mates.

Not all the things college workers do throughout work hours is official conduct, Justice Gorsuch wrote. If it have been, he mentioned, “a college may fireplace a Muslim trainer for sporting a head scarf within the classroom or prohibit a Christian aide from praying quietly over her lunch within the cafeteria.”

Chief Justice John G. Roberts Jr. and Justices Clarence Thomas, Samuel A. Alito Jr. and Amy Coney Barrett joined all of Justice Gorsuch’s majority opinion. Justice Brett M. Kavanaugh joined most of it.

Advertisement

In dissent, Justice Sotomayor mentioned Mr. Kennedy successfully coerced college students into praying with him.

“College students look as much as their lecturers and coaches as position fashions and search their approval,” she wrote. “College students additionally rely upon this approval for tangible advantages. Gamers acknowledge that gaining the coach’s approval might pay dividends small and huge, from further taking part in time to a stronger letter of advice to further assist in school athletic recruiting.”

Justice Gorsuch responded that he rejected “the view that the one acceptable authorities position fashions for college kids are those that eschew any seen spiritual expression.”

Within the means of ruling for Mr. Kennedy, the bulk disavowed a serious precedent on the First Modification’s institution clause, Lemon v. Kurtzman. That ruling, in 1971, set out what got here to be often called the Lemon check, which requires courts to contemplate whether or not the challenged authorities apply has a secular goal, whether or not its main impact is to advance or inhibit faith, and whether or not it fosters extreme authorities entanglement with faith.

In Justice Gorsuch’s account, the Lemon check had already been discarded. However Justice Sotomayor wrote that almost all had simply now overruled it.

Advertisement

She acknowledged that the check had been topic to frequent criticism by numerous members of the courtroom. “The courtroom now goes a lot additional,” she wrote, “overruling Lemon solely and in all contexts.”

Justice Stephen G. Breyer and Elena Kagan joined Justice Sotomayor’s dissent.

Over the past 60 years, the Supreme Courtroom has rejected prayer in public colleges, a minimum of when it was formally required or a part of a proper ceremony like a highschool commencement. As lately as 2000, the courtroom dominated that organized prayers led by college students at highschool soccer video games violated the First Modification’s prohibition of presidency institution of faith.

“The supply of a pregame prayer has the improper impact of coercing these current to take part in an act of non secular worship,” Justice John Paul Stevens wrote for almost all in that case.

Justice Gorsuch wrote that these precedents didn’t apply to Mr. Kennedy’s conduct.

Advertisement

“The prayers for which Mr. Kennedy was disciplined weren’t publicly broadcast or recited to a captive viewers,” he wrote. “College students weren’t required or anticipated to take part.”

Justice Gorsuch mentioned the message of the choice in favor of Mr. Kennedy was easy.

“The Structure and one of the best of our traditions,” he wrote, “counsel mutual respect and tolerance, not censorship and suppression, for spiritual and nonreligious views alike.”

Continue Reading
Advertisement
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Education

Video: Protesters Scuffle With Police During Pomona College Commencement

Published

on

Video: Protesters Scuffle With Police During Pomona College Commencement

new video loaded: Protesters Scuffle With Police During Pomona College Commencement

transcript

transcript

Protesters Scuffle With Police During Pomona College Commencement

Pro-Palestinian demonstrators tried to block access to Pomona College’s graduation ceremony on Sunday.

[chanting in call and response] Not another nickel, not another dime. No more money for Israel’s crime. Resistance is justified when people are occupied.

Advertisement

Recent episodes in U.S.

Continue Reading

Education

Video: Police Use Pepper Spray on Protesters on G.W.U.’s Campus

Published

on

Video: Police Use Pepper Spray on Protesters on G.W.U.’s Campus

new video loaded: Police Use Pepper Spray on Protesters on G.W.U.’s Campus

transcript

transcript

Police Use Pepper Spray on Protesters on G.W.U.’s Campus

Police officers arrested 33 pro-Palestinian protesters and cleared a tent encampment on the campus of George Washingon University.

“The Metropolitan Police Department. If you are currently on George Washington University property, you are in violation of D.C. Code 22-3302, unlawful entry on property.” “Back up, dude, back up. You’re going to get locked up tonight — back up.” “Free, free Palestine.” “What the [expletive] are you doing?” [expletives] “I can’t stop — [expletives].”

Advertisement

Recent episodes in Israel-Hamas War

Continue Reading

Education

How Counterprotesters at U.C.L.A. Provoked Violence, Unchecked for Hours

Published

on

How Counterprotesters at U.C.L.A. Provoked Violence, Unchecked for Hours

A satellite image of the UCLA campus.

On Tuesday night, violence erupted at an encampment that pro-Palestinian protesters had set up on April 25.

The image is annotated to show the extent of the pro-Palestinian encampment, which takes up the width of the plaza between Powell Library and Royce Hall.

Advertisement

The clashes began after counterprotesters tried to dismantle the encampment’s barricade. Pro-Palestinian protesters rushed to rebuild it, and violence ensued.

Arrows denote pro-Israeli counterprotesters moving towards the barricade at the edge of the encampment. Arrows show pro-Palestinian counterprotesters moving up against the same barricade.

Police arrived hours later, but they did not intervene immediately.

Advertisement

An arrow denotes police arriving from the same direction as the counterprotesters and moving towards the barricade.

A New York Times examination of more than 100 videos from clashes at the University of California, Los Angeles, found that violence ebbed and flowed for nearly five hours, mostly with little or no police intervention. The violence had been instigated by dozens of people who are seen in videos counterprotesting the encampment.

Advertisement

The videos showed counterprotesters attacking students in the pro-Palestinian encampment for several hours, including beating them with sticks, using chemical sprays and launching fireworks as weapons. As of Friday, no arrests had been made in connection with the attack.

To build a timeline of the events that night, The Times analyzed two livestreams, along with social media videos captured by journalists and witnesses.

The melee began when a group of counterprotesters started tearing away metal barriers that had been in place to cordon off pro-Palestinian protesters. Hours earlier, U.C.L.A. officials had declared the encampment illegal.

Security personnel hired by the university are seen in yellow vests standing to the side throughout the incident. A university spokesperson declined to comment on the security staff’s response.

Mel Buer/The Real News Network

Advertisement

It is not clear how the counterprotest was organized or what allegiances people committing the violence had. The videos show many of the counterprotesters were wearing pro-Israel slogans on their clothing. Some counterprotesters blared music, including Israel’s national anthem, a Hebrew children’s song and “Harbu Darbu,” an Israeli song about the Israel Defense Forces’ campaign in Gaza.

As counterprotesters tossed away metal barricades, one of them was seen trying to strike a person near the encampment, and another threw a piece of wood into it — some of the first signs of violence.

Attacks on the encampment continued for nearly three hours before police arrived.

Counterprotesters shot fireworks toward the encampment at least six times, according to videos analyzed by The Times. One of them went off inside, causing protesters to scream. Another exploded at the edge of the encampment. One was thrown in the direction of a group of protesters who were carrying an injured person out of the encampment.

Advertisement

Mel Buer/The Real News Network

Some counterprotesters sprayed chemicals both into the encampment and directly at people’s faces.

Sean Beckner-Carmitchel via Reuters

Advertisement

At times, counterprotesters swarmed individuals — sometimes a group descended on a single person. They could be seen punching, kicking and attacking people with makeshift weapons, including sticks, traffic cones and wooden boards.

StringersHub via Associated Press, Sergio Olmos/Calmatters

In one video, protesters sheltering inside the encampment can be heard yelling, “Do not engage! Hold the line!”

In some instances, protesters in the encampment are seen fighting back, using chemical spray on counterprotesters trying to tear down barricades or swiping at them with sticks.

Advertisement

Except for a brief attempt to capture a loudspeaker used by counterprotesters, and water bottles being tossed out of the encampment, none of the videos analyzed by The Times show any clear instance of encampment protesters initiating confrontations with counterprotesters beyond defending the barricades.

Shortly before 1 a.m. — more than two hours after the violence erupted — a spokesperson with the mayor’s office posted a statement that said U.C.L.A officials had called the Los Angeles Police Department for help and they were responding “immediately.”

Officers from a separate law enforcement agency — the California Highway Patrol — began assembling nearby, at about 1:45 a.m. Riot police with the L.A.P.D. joined them a few minutes later. Counterprotesters applauded their arrival, chanting “U.S.A., U.S.A., U.S.A.!”

Just four minutes after the officers arrived, counterprotesters attacked a man standing dozens of feet from the officers.

Twenty minutes after police arrive, a video shows a counterprotester spraying a chemical toward the encampment during a scuffle over a metal barricade. Another counterprotester can be seen punching someone in the head near the encampment after swinging a plank at barricades.

Advertisement

Fifteen minutes later, while those in the encampment chanted “Free, free Palestine,” counterprotesters organized a rush toward the barricades. During the rush, a counterprotester pulls away a metal barricade from a woman, yelling “You stand no chance, old lady.”

Throughout the intermittent violence, officers were captured on video standing about 300 feet away from the area for roughly an hour, without stepping in.

It was not until 2:42 a.m. that officers began to move toward the encampment, after which counterprotesters dispersed and the night’s violence between the two camps mostly subsided.

The L.A.P.D. and the California Highway Patrol did not answer questions from The Times about their responses on Tuesday night, deferring to U.C.L.A.

While declining to answer specific questions, a university spokesperson provided a statement to The Times from Mary Osako, U.C.L.A.’s vice chancellor of strategic communications: “We are carefully examining our security processes from that night and are grateful to U.C. President Michael Drake for also calling for an investigation. We are grateful that the fire department and medical personnel were on the scene that night.”

Advertisement

L.A.P.D. officers were seen putting on protective gear and walking toward the barricade around 2:50 a.m. They stood in between the encampment and the counterprotest group, and the counterprotesters began dispersing.

While police continued to stand outside the encampment, a video filmed at 3:32 a.m. shows a man who was walking away from the scene being attacked by a counterprotester, then dragged and pummeled by others. An editor at the U.C.L.A. student newspaper, the Daily Bruin, told The Times the man was a journalist at the paper, and that they were walking with other student journalists who had been covering the violence. The editor said she had also been punched and sprayed in the eyes with a chemical.

On Wednesday, U.C.L.A.’s chancellor, Gene Block, issued a statement calling the actions by “instigators” who attacked the encampment unacceptable. A spokesperson for California Gov. Gavin Newsom criticized campus law enforcement’s delayed response and said it demands answers.

Los Angeles Jewish and Muslim organizations also condemned the attacks. Hussam Ayloush, the director of the Greater Los Angeles Area office of the Council on American-Islamic Relations, called on the California attorney general to investigate the lack of police response. The Jewish Federation Los Angeles blamed U.C.L.A. officials for creating an unsafe environment over months and said the officials had “been systemically slow to respond when law enforcement is desperately needed.”

Fifteen people were reportedly injured in the attack, according to a letter sent by the president of the University of California system to the board of regents.

Advertisement

The night after the attack began, law enforcement warned pro-Palestinian demonstrators to leave the encampment or be arrested. By early Thursday morning, police had dismantled the encampment and arrested more than 200 people from the encampment.

Continue Reading

Trending