This updated guidance will be made available on the Department's website ( A. Department of Justice have verified that this updated guidance reflects the current state of the law concerning constitutionally protected prayer in public elementary and secondary schools. The Department's Office of the General Counsel and the Office of Legal Counsel in the U.S. Department of Education's (Department's) 20 guidance on constitutionally protected prayer in public schools and with guidance that President Clinton issued in 1995. The principles outlined in this updated guidance are similar to the U.S. These sections are designed to advise SEAs and LEAs on how to comply with governing law, certifying compliance with Parts III and IV is not a part of the required certification under section 8524(b) of the ESEA. Part III of this updated guidance addresses constitutional principles that relate to religious expression in public schools more broadly, not limited to prayer, and Part IV discusses requirements under other Federal and State laws relevant to prayer and religious expression. SEAs and LEAs are responsible, under section 8524(b) of the ESEA, to certify each year their compliance with the standards set forth in Part II. Part II clarifies the extent to which prayer in public schools is legally protected. The purpose of this updated guidance is to provide information on the current state of the law concerning constitutionally protected prayer and religious expression in public schools. § 7904(b), requires that, as a condition of receiving ESEA funds, an LEA must annually certify in writing to its SEA that it has no policy that prevents, or otherwise denies participation in, constitutionally protected prayer in public elementary and secondary schools, as detailed in this updated guidance. In addition, section 8524(b), codified at 20 U.S.C. § 7904(a), requires the Secretary of Education (the Secretary) to issue guidance to State educational agencies (SEAs), local educational agencies (LEAs), and the public on constitutionally protected prayer in public elementary and secondary schools. I can assure you that FIRE, for its part, will continue to be inspired by King's wisdom.Section 8524(a) of the Elementary and Secondary Education Act of 1965 (ESEA), as amended by the Every Student Succeeds Act and codified at 20 U.S.C. Day, we urge students, faculty, and administrators to read King's words about the First Amendment and use them to inform their attitudes and policies dealing with these most fundamental freedoms. And so just as I say we aren't going to let any dogs or water hoses turn us around, we aren't going to let any injunction turn us around. Somewhere I read that the greatness of America is the right to protest for right. Somewhere I read of the freedom of press. Somewhere I read of the freedom of speech. But somewhere I read of the freedom of assembly. Maybe I could understand the denial of certain basic First Amendment privileges, because they haven't committed themselves to that over there. If I lived in China or even Russia, or any totalitarian country, maybe I could understand some of these illegal injunctions. All we say to America is to be true to what you said on paper. We have an injunction and we're going into court tomorrow morning to fight this illegal, unconstitutional injunction. About halfway through, when discussing a court injunction forbidding a planned rally and march on April 8, King had this to say about the first freedoms guaranteed in the Bill of Rights: The day before, he delivered a speech (it would be his last) at the Church of God in Christ's headquarters building in Memphis, which is now generally known as the "I've Been to the Mountaintop" speech. King was assassinated in Memphis on April 4, 1968. It is less well known, however, that he had many things to say during his life about freedom of speech and the other guarantees in our First Amendment. King is known to just about every American today, from the smallest schoolchild to the elderly, for his fight against segregation and institutionalized racism. Today America celebrates the life and work of the Rev.
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