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1 page/≈275 words
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APA
Subject:
Law
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Essay
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English (U.S.)
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Business Law: court analysis of the Santa Fe High School case (Essay Sample)

Instructions:
See Attachment for Case and answer in following questions 1) Did the court analyze this case using Free Speech analysis or did the court analyze the case in light of the Establishment Clause? Why? What is the difference between the two concepts? 2) Some of the Supreme Court justices dissented (disagreed) with the majority opinion. Did you agree with the majority or dissenting opinion in this case? Please support your answer with the facts of the case and legal principles. source..
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The court analysis of the Santa Fe High School case on the student representative prayer presentation during the varsity games was based on Establishment Clause. The courts observation was that the student was in violation of the Establishment Clause. Establishment clause provides that neither federal government nor a state can set up its own church. The government cannot pass any law that can aid in the establishment of one religion or promote one religion either financially or otherwise. It continues to instigate that no one can be forced to attend or prevented from attending a given church against his/her wish. The main intent, according to Jefferson, was to distinguish between state and church. On the other hand, Free Speech analysis clause provides that an individual can provide any form of speech to a group of people with state or authority infringement. In such a case therefore, the prayer conducted by the students at Santa Fe High School was, according to Free Speech Clause, valid and need not be contested in court of law CITATION Law07 \l 1033 (Weinberg, 2007).
The majority opinion relied on the Free Speech clause where the state does not instill any form of infringement to its citizens. According to my opinion, the majority`s sentiment was right and should have been given an opportunity to pray in public. However, the law provides that the Free Speech clause sho...
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