Lisa BENDER; Morris Braggs, A Minor, By Mrs. Mary Braggs, His Guardian ad Litem; Toni Robb; Robin Kriner; Kerry Hunter, A Minor, By Mr. & Mrs. Carl Hunter, Her Guardians ad Litem; Brenda Kay Herzog, A Minor, By Mr. & Mrs. Louis Herzog, Her Guardians ad Litem; Shawn Seevers, A Minor, By Mr. & Mrs. Gerald Seevers, His Guardians ad Litem; Peter Strayer, A Minor, By Mr. & Mrs. Charles Strayer, His Guardians ad Litem; Bruce Brossman, A Minor, By Mr. & Mrs. Bruce Brossman, His Guardians ad Litem; and Denise Marshall, A Minor, By Mr. & Mrs. Dennis Marshall, Her Guardians ad Litem, and all others similarly situated, Appellees,
v.
The WILLIAMSPORT AREA SCHOOL DISTRICT; Oscar Knade, Superintendent of the Williamsport Area School District; Richard F. Eberhart, President of the Williamsport Area School Board; Janet C. Harris, Member of the Williamsport Area School Board; G. Kent Bitner, Member of the Williamsport Area School Board; Arthur E. Duncan, Member of the Williamsport Area School Board; Joyce S. Hershberger, Member of the Williamsport Area School Board; Richard L. Merk, Member of the Williamsport Area School Board; Gene Smith, Member of the Williamsport Area School Board; Kermit Smith, Member of the Williamsport Area School Board; John C. Youngman, Jr., Member of the Williamsport Area School Board; and Wayne A. Newton, Principal of the Williamsport Area High School.
Appeal of John C. YOUNGMAN, Jr., one of the Defendants.
United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
Argued January 24, 1984.
Decided July 24, 1984.
As Amended on Denial of Rehearing and Rehearing August 15, 1984.
Attorney(s) appearing for the Case
John C. Youngman, Williamsport, Pa., for appellants.
Gerald W. Seevers, Williams & Seevers, Williamsport, Pa., Samuel E. Erickson, Kimberlee W. Colby, Curran Tiffany, Springfield, Va., James M. Smart, Jr. (argued), Smart & Whitehead, Kansas City, Mo., for appellees.
Patrick Monaghan, Stephen F. McDowell, Catholic League for Religious and Civil Rights, Milwaukee, Wis., Gerry J. Woods, Iovine & Woods, P.C., Philadelphia, Pa., for amicus curiae the Catholic League for Religious & Civil Rights in support of appellees.
Robert Reinstein (argued), Alan Lerner, Barry E. Ungar, Mann & Ungar, P.A., Philadelphia, Pa., for amici curiae American Jewish Congress and Anti-Defamation League of B'Nai Brith in support of appellants; Marc Stern, New York City, Fred J. Berg, Philadelphia, Pa., Justin J. Finger, Jeffrey Sinensky, Ruti Teitel, New York City, of counsel.
John W. Baker, Baptist Joint Committee on Public Affairs, Washington, D.C., for amici curiae Baptist Joint Committee on Public Affairs & The National Ass'n of Evangelicals in support of appellees.
Lee Boothby, Boothby, Huff & Yingst, Berrien Springs, Mich., for amicus curiae Americans United for Separation of Church and State in support of appellants.
William B. Ball, Phillip J. Murren, Sandra Wise, Ball & Skelly, Harrisburg, Pa., for amici curiae Mr. & Mrs. Dale Bluman et al. in support of appellees.
Before ADAMS, and GARTH, Circuit Judges, and BROTMAN, District Judge.
United States Court of Appeals, Third Circuit.
As Amended on Denial of Rehearing and Rehearing In Banc August 15, 1984.
OPINION OF THE COURT
GARTH, Circuit Judge:
This appeal requires us to resolve the tension between the first amendment free speech claim of high school students meeting in an activity devoted to prayer, and a school district's claim that the Establishment Clause — also found in the first amendment — overrides free speech guarantees in the context of a "limited forum...
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