Today, Representative Randy Fine (R-Palm Bay) filed a bill entitled:
Moments of Silence in Public Schools: Requires principals to require teachers to set aside time for moment of silence; prohibits teachers from making suggestions to nature of any reflection during moment of silence; deletes provision authorizing district school boards to provide brief period of silent prayer or meditation; requires certain teachers encourage parents or guardians to discuss moment of silence & make suggestions as to the best use of this time.
IS IT CONSTITUTIONAL FOR A PUBLIC SCHOOL TO REQUIRE A “MOMENT OF SILENCE”?
Yes, if, and only if, the moment of silence is genuinely neutral. A neutral moment of silence that does not encourage prayer over any other quiet, contemplative activity will not be struck down, even though some students may choose to use the time for prayer. (See Bown v. Gwinnett County School Dist., 11th Cir. 1997)
If a moment of silence is used to promote prayer, it will be struck down by the courts. In Wallace v. Jaffree (1985) the Supreme Court struck down an Alabama “moment of silence” law because it was enacted for the express purpose of promoting prayer in public schools. At the same time, however, the Court indicated that a moment of silence would be constitutional if it is genuinely neutral. Many states and local school districts currently have moment-of-silence policies in place.