The faculty district, its attorneys responded, was entitled to require Mr. Kennedy to cease praying as he had. “Regardless of whether Kennedy’s very public speech was official, the district could regulate it,” the varsity district’s Supreme Court transient mentioned. “His prayer practice wrested control from the district over the district’s own events, interfered with students’ religious freedom and subjected the district to substantial litigation risks.”
The faculty district famous {that a} decide on the U.S. Court of Appeals for the Ninth Circuit, in San Francisco, had criticized what he known as “a deceitful narrative” created by Mr. Kennedy’s attorneys.
Mr. Kennedy was by no means disciplined for providing silent, personal prayers, the decide, Milan D. Smith Jr., wrote final 12 months. Instead, the decide wrote of 1 recreation, Mr. Kennedy “prayed out loud in the middle of the football field” simply after it completed, “surrounded by players, members of the opposing team, parents, a local politician and members of the news media with television cameras recording the event, all of whom had been advised of Kennedy’s intended actions through the local news and social media.”
When the Supreme Court refused to listen to an earlier attraction within the case in 2019, 4 justices expressed qualms about how Mr. Kennedy had been handled.
“The Ninth Circuit’s understanding of the free speech rights of public-school teachers is troubling and may justify review in the future,” Justice Samuel A. Alito Jr. wrote on the time, including that the justices ought to watch for extra details about “important unresolved factual questions.” He was joined by Justices Neil M. Gorsuch, Brett M. Kavanaugh and Clarence Thomas.
After additional proceedings, the Ninth Circuit once more dominated for the varsity board. This time, the Supreme Court agreed to listen to the case, Kennedy v. Bremerton School District, No. 21-418.