United States Third Circuit

In an action instituted by a football coach alleging that a school district's policy, prohibiting faculty participation in student-initiated prayer, was unconstitutionally overbroad, vague, and violated his First Amendment freedoms, summary judgment for plaintiff is reversed and remanded where: 1) the policy was not unconstitutional on its face or as applied to the plaintiff; and 2) plaintiff's silent acts violated the Establishment Clause, as his engagement in the underlying acts would lead a reasonable observer to conclude that plaintiff was endorsing religion.

Appellate Information

• Argued 10/03/2007
• Decided 04/15/2008
• Published 04/15/2008

Judges

• Before:  McKEE, BARRY and FISHER, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Alex J. Luchenitser, Ayesha N. Khan, Richard B. Katskee, (Argued), Americans United for the Separation of Church & State, Washington, DC, Martin R. Pachman, Scarinci & Hollenbeck, Freehold, NJ, Attorneys for Appellants., Marc D. Stern, American Jewish Congress, New York, NY, Attorney for Amicus-Appellants, American Jewish Congress and The Jewish Social Policy Action Network., Pammela S. Quinn, O'Melveny & Myers, Washington, DC, Attorney for Amicus-Appellants, The Interfaith Alliance, The Anti-Defamation League, Hadassah, Jewish Women International, Muslim Advocates, Sikh American Legal Defense and Education Fund, Sikh Council on Religion and Education, and Union Reform Judaism., Steven G. Gey, Florida State University, College of Law, Tallahassee, FL, Attorney for Amicus-Appellant, National Center for Science Education., Emily B. Goldberg, Gibbons, P.C., Newark, NJ, Attorney for Amicus-Appellants, American Civil Liberties Union, American Civil Liberties Union of New Jersey, American Civil Liberties Union of Pennsylvania, American Civil Liberties Union of Delaware, American-Arab Anti-Discrimination Committee, American Ethical Union, American Jewish Committee, Hindu American Foundation, and The Unitarian Universalist Association.


• For Appellees:
  
• F. Michael Daily, Jr., The Rutherford Institute, Westmont, NJ, Ronald J. Riccio, (Argued), McElroy, Deutsch, Mulvaney & Carpenter, Morristown, NJ, Attorneys for Appellee.