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15 Rutgers J. L. & Religion 1 (2013-2014)

handle is hein.journals/rjlr15 and id is 1 raw text is: STUDENTS' RELIGIOUS LIBERTY: RELIGIOUS ATTIRE AND SYMBOLS IN AMERICAN PUBLIC SCHOOLS Farida Ali* TABLE OF CONTENTS Introduction I. The Framework for Religion in the United States A. American Pluralism, Philosophy, and Religious Lib- erty B. Students, Religious Attire and Symbols, and Ameri- can Public Schools II. The U.S. Supreme Court and First Amendment Juris- prudence A. Modern Establishment Clause: Everson v. Board of Education B. Free Exercise Clause: Employment Division v. Smith C. Free Speech Clause: Tinker v. De Moines Independ- ent School District III. U.S. Federal Courts Decide Students' Use of Religious Attire and Symbols in Public Schools A. Cases Providing Limited to No Protection of Reli- gious Free Exercise and Free Speech i. Seventh Circuit Downplays Dress Code's Burden on Free Exercise ii. Tenth Circuit Ignores Dress Code's Burden on Free Exercise and Bolsters Assimilationist Policy iii. Ninth Circuit Sidesteps Uniform Policy's Burden on Free Exercise and Denies Burden on Free Speech B. Cases Providing Broad Protection for Religious Free Exercise and Free Speech 1 * Law clerk to the Honorable John A. Houston, Southern District of Cali- fornia. I would like to thank the editors of the Rutgers Journal of Law & Religion for their valuable contributions to the preparation of this article.