Home > School of Law > Student > Law Review > Vol. > Iss. 2 (2026)
Western New England Law Review
Abstract
Over the course of the last 50 years, specific jurisprudence has been developed relating to First Amendment rights in schools. Specifically, there have been several cases that set rules for religious freedoms and practices in schools—a trinity of rights made up of the Establishment Clause, Free Exercise Clause, and Free Speech Clause—that form a framework to guide jurists and educational practitioners. However, the U.S. Supreme Court has drastically changed their course over the last several years, and the standards of review related to these cases. This trend is likely to continue. This paper provides a historical overview of the development of this legal framework, examines recent changes, and finally explores potential cases that will have sweeping effects in the near future on education.
Recommended Citation
Brian Boggs, PUBLIC SCHOOLS: THE BATTLEGROUND BETWEEN CHURCH AND STATE, 48 W. New Eng. L. Rev. 244 (2026), https://digitalcommons.wne.edu/lawreview/vol48/iss2/1