Cool. So we're back to there being nothing wrong with public school employees leading their students in compulsory Islamic prayers. After all, these teachers wouldn't be restricted by the 1st amendment since there isn't any law being made by the state or federal government, it is just school policy.
Just like my example of a teacher coercing students into prayer. No state legislation involved. I don't see the distinction you're trying to make.
You clipped out the parts of my post that addressed this. So I'll repost it here:
If a person working for the government was making a rule stating that you "
had to" pray in class, then one could invoke the "State Actor" laws that are in place:
A state actor is a person who is acting on behalf of a governmental body, and is therefore subject to regulation under the United States Bill of Rights, including the First, Fifth and Fourteenth Amendments, which prohibit the federal and state governments from violating certain rights and freedoms
Not sure why you mentioned 'Islamic' in your example?...is it because you suspect that I somehow have favoritism toward Christianity over Islam because I happen to be conservative on certain issues?...and you assume that'll be a "gotcha" scenario? As an Atheist, to me it makes no difference. Making a rule (IE: compulsory) for prayer would tread the line of the State Actor laws I mentioned before since that would resemble a legislative action. If they were forcing students to pray, then I'd agree 100% that we had a violation on our hands due to the State Actor laws.
A hanging picture and compulsory prayer have nothing to do with each other.
Compulsory could reasonable be equated to a legislative action (a rule that people are forced to follow) which then puts the school in the role of state actor.
An object on public property, at most, can only be equated to Government Speech...which in a supreme court ruling that was 9-0, was found not to be a violation in the case of the 10 commandments display in Utah (the case I mentioned earlier)
In a nine to zero opinion, the Supreme Court gave new support to cities that want to accept and display 10 commandments monuments without being forced to do the same for any and all other groups that want to make a permanent statement as well.
Justice Samuel Alito offered the opinion, finding that a 10 Commandments display in a Utah City Park is government speech, and therefore not subject to first amendment scrutiny.
To elaborate on Government Speech:
The
government speech doctrine, in American
Constitutional Law, says that the government need not maintain
viewpoint neutrality in its own speech.
I wasn't aware that the first amendment said anything about prohibiting the government from attempting to force anyone to do anything they didn't want to do. Perhaps you can quote that part of the text for us.
Congress
shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
Key words, shall make no law...
law being the mechanism used by government to dictate behavior. Hanging a picture, by itself with no other action, doesn't equate to a law. Now if they made a rule stating that you weren't allowed to ignore the picture, then the aforementioned state actor laws would apply.