Reversing a lower court's decision, the Supreme Court of Montana yesterday ruled in favor of a high school valedictorian who was barred from speaking at graduation because her speech included references to her Christian beliefs. The 6-1 majority argued that the school's concern to avoid the appearance of religious endorsement was unwarranted in this case, and led officials to violate the student's free speech rights.
Rulings like this one put school officials in an increasingly tough spot: if they allow graduation ceremonies to become mandatory forums to hear religious testimonials, they run the risk of being sued for Establishment Clause violations – and rightly so. If they prohibit religious speech at such events, they risk free speech claims. If they distance themselves from the speakers by declining to pre-screen addresses, they run the risk of marring the event with hate speech or other improper disruptions.
Whether or not they did the right thing in this case, this dilemma should be appreciated. Administrators generally should have the leeway to maintain decorum, dignity and respect for all in the audience at graduation. A public high school commencement ceremony is after all a state-sponsored event which should be equally available to all students and parents.
You can find the decision at this site.
