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20 U.C. Davis L. Rev. 313 (1986-1987)
Religious Meetings in the Public High School: Freedom of Speech or Establishment of Religion

handle is hein.journals/davlr20 and id is 327 raw text is: Religious Meetings in the Public High
School: Freedom of Speech or
Establishment of Religion?
Charles E. Ares*
Student religious groups' demands to be allowed to meet on school
premises during activity periods present serious free speech and Estab-
lishment Clause' problems. This Article suggests that cases such as
Widmar v. Vincent and Lynch v. Donnelly indicate that the Supreme
Court may be inclined to treat such demands as free speech problems and
to undervalue their Establishment Clause implications. The Article ar-
gues that instead the Court should treat the approval of such meetings as
a violation of the Establishment Clause.
*Professor of Law, University of Arizona. I am very grateful to Mary Judge Ryan
for valuable research assistance and important insights in church-state issues.
It was not my privilege to have been a faculty colleague, or, of course, a student of
Ed Barrett's. I have, however, had the good fortune to learn much from him through
his contributions to legal literature and, even more important to me, through personal
contact over the years. Ed was a powerful influence on me when he served as a mem-
ber of an advisory committee of the ABA Project on Minimum Standards of Criminal
Justice for which I was a reporter. His cool, detached approach to some very volatile
issues, matched by his intellectual honesty, taught me lessons I have never forgotten.
And when I became dean of the law school at the University of Arizona, in a state
where both Ed and I had personal ties, he was a welcome adviser with the insights and
wisdom born of his experience in the University of California system, particularly as
the founding dean of the law school at U.C. Davis. I suspect Ed does not know how
important a model he has been for those of us who had a chance to learn from him. I
am pleased to be able to join in honoring him at this important point in his distin-
guished career.
' I am with the late Mel Nimmer in holding that First Amendment, Free Exercise
Clause, and Establishment Clause should always be capitalized. Although, in keeping
with A UNIFORM SYSTEM OF CITATION Rule 8 (14th ed. 1986), the U.C. Davis Law
Review does not normally capitalize such terms, they are capitalized in this Article.

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