State attorney general: Flagpole prayers protected by First Amendment

By The Associated Press

09.05.02

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MONTGOMERY, Ala. — Attorney General Bill Pryor says in a memo to school superintendents throughout Alabama that flagpole prayer meetings planned on campuses a week after the Sept. 11 anniversary are allowed by the U.S. Constitution.

Civil liberties lawyers agree, noting along with Pryor that school officials must not be involved.

Pryor said he sent the unsolicited memo yesterday to avoid any confusion over the rights of students to hold prayer meetings at the flagpole.

He said he anticipated questions from school officials about the practice because flagpole prayers are planned for Sept. 18 at some schools, and he expects a higher turnout than previous flagpole prayers because of Sept. 11.

Pryor said the prayers are "fully protected by the First Amendment" to the Constitution.

"Just as public school officials should not encourage, organize or direct 'See You at the Pole' gatherings, they should do nothing to prohibit or discourage 'See You at the Pole' gatherings," Pryor wrote.

Maggie Garrett, an attorney in Montgomery for the American Civil Liberties Union of Alabama, said Pryor's advisory is correct, but the ACLU would be more specific and say that, "public school officials and teachers may not participate in, encourage, initiate or lead the event."

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