Today in Supreme Court History: August 31, 1995

8/31/1995: Students at Santa Fe Independent School District voted to allow a student to say a prayer at football games. In Santa Fe Independent School Dist. v. Doe (2000), the Supreme Court declared this prayer unconstitutional.

The Rehnquist Court

Comments

[Dan Schiavetta]

Harris v. United States, 404 U.S. 1232 (decided August 31, 1971): Douglas, reversing both the District Court and the Court of Appeals, grants bail to defendant convicted of drug trafficking; notes reversal on merits possible because scanty evidence that defendant knew his truck contained narcotics, and not flight risk because he worked steadily as mechanic, had family in the area, and had never missed a court date

Bandy v. United States, 81 S.Ct. 25 (decided August 31, 1960): again Douglas grants bail, this time after Whittaker denied it, noting that prosecution does not oppose (must have been one of Whittaker’s many “bad” days)

Winston-Salem/Forsyth Co. Board of Education v. Scott, 404 U.S. 1221 (decided August 31, 1971): Burger, noting that the stay of a desegregation order should have been presented earlier, sits on the application for five days and then says it’s too late for it now because the school year started yesterday

[AmosArch]

Praying to the rainbow flag however is still considered A-OK even if it is implemented in a far more official and compulsory manner.

[Dan Schiavetta]

today’s film review: Angel in My Pocket, 1969

Andy Griffith as the new preacher in a small town filled with infighting families. One recognizes a lot of sitcom actors from that era. The acting was a lot better than the material, and the plot is pretty predictable. This was one of many “family friendly” films my mother took us to. I was the oldest of five (at that point) and going through puberty I was getting too old for this stuff. A 12-year-old has a different perspective than the second-youngest who is 9.

There was one scene that I found arresting, and looking back on it I’m surprised it got into this movie. Griffith, looking to buy a new organ for the church, goes to a local “burlesque house” that has one for sale. It’s still “in situ” and as he gets there he runs into strippers in stereotyped “girls of all nations” costumes. The “Dutch” girl has windmills over her breasts and asks Griffith to reach back to her bra strap to turn them “on”. He politely does and they twirl like little propellers. The fantasy of a naked girl with windmills on her nipples stayed in my mind for some time.

Right after that Griffith tries out the new organ, not realizing that there’s a stripper onstage. Seeing her trying to practice her moves to the unaccustomed accompaniment of “Holy Holy Holy” was pretty funny.

The Television Academy Foundation site has hundreds of interviews of actors, writers, producers. They’re recorded “for the ages” and in most cases the interviewees are at the end of their careers and the presumption is that they can finally speak honestly. Most unfortunately are still plugging their “shtick”. Griffith is one of the few exceptions. He’s not afraid to criticize his own past work (and throw shade on others). When asked about why his much-revered Andy Griffith Show influenced the growth of television, he says, “I don’t know if it has.” (Other good interviews are with Larry Hagman, Wiliam Schallert and Dick Clark.)

His show was exceptionally well done but looking back on that era one makes the mistake of thinking that America in general was like that. But as someone put it, “‘Leave It to Beaver’ was not a documentary”. It was what people wanted to see and what they wanted was escapism. Nobody expected heavy moments and the shows (more or less) didn’t give them any. At a certain point the networks decided to switch to more “relevant” fare — this was the “rural purge” and it was a disaster. As someone put it, “Most viewers get all the ‘relevance’ they want watching the news.”

The show I missed most was “Green Acres” which was not like the others. It was set in a surreal world. I was most taken with the character of Hank Kimball, the county extension agent who kept revising his thoughts in mid-sentence. It’s a little disturbing to think that he prefigured many of us (or maybe all?) in this era of blogging and texting. It’s rare now that I write a sentence without going back and revising it before I’ve even finished it.

Hank Kimball : Hello, Mrs Douglas! How are you?

Lisa Douglas : Hello, Mr. Kimball. I’m fine. Well, I’m not really fine. I have a little headache. Well, it isn’t a little headache, it’s a… it went away!

Hank Kimball : I know somebody that talks just like that. Well, not just like that. What was his name? Oh yes, it was… no, it wasn’t him. He was from Texas. He had a drawl. Well, not really a drawl. . .

[Syd Henderson]

Andy Griffith played a really nasty person in “A Face in the Crowd” although his TV persona came across as more folksy. He was really convincing (the character was based on Arthur Godfrey) and Griffith found he couldn’t turn it off when he was offstage. And that’s why he started playing nice people.

He had another series “Salvage 1” in which he build a spaceship for the stuff he found in his junkyard (including a PRNDL for controls). The pilot movie, in which his crew went to retrieve the Apollo 11 moon lander, was quite good (and would be illegal now). The series didn’t do well since it was hard to find more good stories though it did last into a second season.

[Dan Schiavetta]

I remember both those.

Griffith was one of those actors who had a lot of range but made a conscious decision to play only a certain kind of part. It’s the opposite situation to a limited actor who overextends and gets in over his head.

[Frank Drackman]

"Salvage 1" was real? thought it was a hallucination during my hallucinogenic phase.
"A Face in the Crowd" was great, found it second hand, Dennis Miller used to play the "You're in bed with me Larry! in Bed!" quote, and rarely said where it was from, thanks to AlGores Intergoogles, learned it was of course from the Late/Great Anthony Franciosa as Joey DePalma...
Anyone remember the TV version of "Animal House"?? it was about as bad as the movie was great,

Frank "don't ask where my thumbs are"

[Magister]

The rural purge, a lot of it on CBS, was hardly a financial disaster for them; they wanted to shift their audience demographics and succeeded. The early 70s Saturday lineup on CBS was hugely successful. People wanted social relevance more than escapism. Television also purged most fantasy sitcoms in the same period or slightly before, although generally with more rating justification.

[Dan Schiavetta]

My memory is of news reports at the time, so maybe in the long run I am wrong about that.

I did miss “Green Acres” though!

I fondly remember the early ’70’s Saturday night CBS lineup. "The Bob Newhart Show” (which actually ended in 1990!).

I was dedicated to "The Mary Tyler Moore Show”. I watched every episode for the first four seasons, until I went away to college. (I had a “thing” for Phyllis’s daughter Bess, who was my age.)

And then there was the backlash, namely “The Waltons”, a more substantial series than we remember, and the topic of a future post . . .

[Magister]

Ha ha, 1990. I got that one.

The traditional Western was also wearing out on television at that time; I think a shift was all but inevitable.

Sorry about Green Acres.

[apedad]

Re: Santa Fe Independent School Dist. v. Doe

Facts of the case

Prior to 1995, a student elected as Santa Fe High School's student council chaplain delivered a prayer, described as overtly Christian, over the public address system before each home varsity football game. One Mormon and one Catholic family filed suit challenging this practice and others under the Establishment Clause of the First Amendment. The District Court enjoined the public Santa Fe Independent School District (the District) from implementing its policy as it stood. While the suit was pending, the District adopted a new policy, which permitted, but did not require, student-initiated and student-led prayer at all the home games and which authorized two student elections, the first to determine whether "invocations" should be delivered at games, and the second to select the spokesperson to deliver them. After the students authorized such prayers and selected a spokesperson, the District Court entered an order modifying the policy to permit only nonsectarian, nonproselytizing prayer. The Court of Appeals held that, even as modified by the District Court, the football prayer policy was invalid. The District petitioned for a writ of certiorari, claiming its policy did not violate the Establishment Clause because the football game messages were private student speech, not public speech.

Question

Does the Santa Fe Independent School District's policy permitting student-led, student-initiated prayer at football games violate the Establishment Clause of the First Amendment?

Conclusion (6 - 3)

Yes. In a 6-3 opinion delivered by Justice John Paul Stevens, the Court held that the District's policy permitting student-led, student-initiated prayer at football games violates the Establishment Clause. The Court concluded that the football game prayers were public speech authorized by a government policy and taking place on government property at government-sponsored school-related events and that the District's policy involved both perceived and actual government endorsement of the delivery of prayer at important school events. Such speech is not properly characterized as "private," wrote Justice Stevens for the majority. In dissent, Chief Justice William H. Rehnquist, joined by Justices Antonin Scalia and Clarence Thomas, noted the "disturbing" tone of the Court's opinion that "bristle[d] with hostility to all things religious in public life." (oyez)

While I'm absolutely no fan of religion and push for a HUGH wall of separation - in this particular case - since it was student led and not led by a govt official, then I could see it being permitted.

Maybe without the loudspeaker, i.e., school property.

But if students wanted to gather pre- or post-game to sing a little song, then that should OK.

[Frank Drackman]

what part of "Free Exercise" do you not understand?

[SRG2]

What part of this do you not understand?

The Court concluded that the football game prayers were public speech authorized by a government policy and taking place on government property at government-sponsored school-related events and that the District’s policy involved both perceived and actual government endorsement of the delivery of prayer at important school events.

[Frank Drackman]

And the prayers that open each session of the US House/Senate aren’t??, or the House/Senate/Military “Chaplains” paid for with taxes?? Enjoy this (redacted) opinion while you can.

[SRG2]

There would be at least 5 votes to overturn that decision now.

[Bob from Ohio]

Good, its a dumb decision.

[Frank Drackman]

I guess they don't understand either.

[SMP0328]

This decision will most certainly be revisited in light of last year's Kennedy decision. Justices Alito and Thomas will be begging the Chief to let one of them write the Opinion of the Court.

[David Nieporent]

Not sure what you mean. This case is entirely consistent with Kennedy (as adjudicated). (The actual facts of Kennedy were different than what the majority said, but given those facts, this and Kennedy don’t conflict.)

That's not to say that SCOTUS wouldn't come to a different result today than in 1995 if this case came before it — but it wouldn't have anything to do with Kennedy.

[Frank Drackman]

Why not wait until you lose to make excuses?