Question

READ the scenario below here first What stands out to you the most? You are looking for the THREE (3) main issues that you will base your appellate brief on: how did the lower (trial) court err and/or what did the lower (trial) court do wrong? It is these three (3) issues or errors that we are pointing out to the appellate court. We are asking the appellate court to reverse the lower (trial) court’s ruling because of these errors and send it back for re-trial. You will have to start a bit of research here to fully understand what the THREE (3) issues are. Please use Google or Lexis to begin your legal research on educating yourself on this topic. Look for cases on these topics.

Your Case:  “Morty’s Moral Matter”

The situation described below is hypothetical.

Our client, Morty Smith, is a 17-year old high school senior who attends Harry Herpson High School ("Herpson High"). Morty refers to himself as a “Practicing Pastafarian” and a devout member of the Church of the Flying Spaghetti Monster.

Herpson High is operated by Meseeks Unified School District (the "School District"), a school district that operates elementary, middle, and secondary schools in Florida.  In planning its graduation ceremony and program, Herpson High notified parents of the graduating seniors that student-led and student-initiated nondenominational prayers would be offered at the graduation.  Attendance at the graduation would be voluntary.  School officials at Herpson High would review any prayers that were submitted by students before they were offered at the ceremony. Morty submitted to the school a “prayer” that he wished to read at graduation:

“Our pasta, who art in a colander, draining be your noodles. Thy noodle come, Thy sauce be yum, on top some grated Parmesan. Give us this day our garlic bread, and forgive us our trespasses, as we forgive those who trample on our lawns.”

School officials denied Morty’s request to read his prayer with no reason given for the rejection.  No other student received such a rejection, and the school allowed all other prayers submitted by student’s to be read at graduation.

Morty Smith sued the School District on the basis that the school violated his Constitutional rights. Among other issues, he specifically claimed that the prayers allowed at graduation violated his First Amendment right to free speech and the First Amendment's prohibition against laws relating to establishment of religion.  On a Motion for Summary Judgment, the Middle District of Florida Trial Court ruled against Mr. Smith on the School District's Motion for Summary Judgment, holding that students are not afforded the same protections as adults under the Constitution as per Freedom of Speech. Furthermore, the Court ruled that the student-led and student-initiated nondenominational prayers could not violate the US Constitution.

          Morty Smith has ample funds (backed by his grandfather, Rick) and wants to appeal to the United States Court of Appeals for the Eleventh Circuit.

Answer 1

Mr Smith's Prayer is not been submitted by the school officials and hence he could not read/sing on the ceremony. Lower district trial court has given the judgment against Smith saying that the court can not protect students, as the right of free speech includes adults only. This point of lower court is not valid as the constitutional fundamental right covers every citizen irrespective of their age and is applicable with citizenship which is by birth.

Lower court on the point of setting the religion with prayers says that the school has not violated the constitution by deniying to accept the prayer of Mr Smith saying that the prayer is nondenominational. But Smith is a devoted member of church and its his faith to worship as per his thinking and words of prayers. So by not submitting the prayer of Smith by school officials constitution is voileted by them and the pint is challangible in the upper court of eleventh Circuit.

Lower court should have protected Smith for his fundamental right of free speech in the gradution ceremony as it is offered by school to all the students and denying one particular prayer is not a good practice moraly for a student. So due to aforsaid reasons the appeal can be done in uper court and a revision in summary judgement of district lower trial court can be requested. Review and appropriate judgment through the appeal will be expected in favour of Mr.Smith.

So stating the above points of the judgment of trial court appeal can be sued in upper court .