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Supreme Court — Part 16
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must not search a person until probable cause for an arrest
has been developed, our officers refrained from following chis
protective course lest evidence discovered be rejected by the
court in a subsequent prosecution. Probable cause came with
the shooting of the officers and too late to avoid this terrible
tragedy.”
Vil.
THE SCHOOL PRAYER CASE
Or June 25, 1962 the Supreme Court decided a case entitled
Engel vs. Vitale, generally known as the New York Prayer
Case. This case originated in the Scate of New York from the
Union Free School District #9 of New Hyde Park, New York.
The school daily procedure was adopted on the recommendation
of the State Board of Regents, a governmental agency created
by the State Constitution to which the New York Legislature
had granted broad supervisory, executive and legal power over
the states public school system. The state officials composed the
prayer which they recommended and published as part of their
“Statement on moral and spiritual learning in the schools”, say-
ing, “We believe that this statement will be subscribed to by all
men and women of good will and have called upon all of them
to aid in giving life to our program.”
The prayer in question reads “Almighty God we acknowledge
our dependence upon Thee and we beg Your blessing upon us,
our parents, our teachers and our country.”
Shortly after the practice of reciting the Regent’s Prayer was
adopted by the School District the parents of ten pupils broughe
this action in a New York Sate Court, insisting that the use of
this official prayer in the public schools was contrary to the be-
liefs, religion, or religious practices of both themselves and their
children. Among other things these parents challenged the con-
stitutionality of both the state law authorizing the School Dis-
trict to recommend prayer in the School District and the School
District regulation ordering the recitation of this particular
prayer on the ground that these actions of official governmental!
agencies violated chat part of the First Amendment of the Fed-
eral Constitution which commands that “Congress shall make
no law respecting the establishment of religion.” The State
Courts of New York upheld the Regents in the recitation of said
prayer on the ground that the said prayer as a part of the daily
procedure of the Public Schools did not compe? any pupil to join
in the prayer over his or his parents’ objection.
The opinion of the Supreme Court reversing the State Court
was written by Justice Black. Ie decided that the Regents had
violated the First Amendment to the Constitution in that it was
making a “law respecting an establishment of religion”. In his
41
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