Moment of Silence Law Mandatory In Schools 

On January 13, the U.S. District Court for the Northern District of Illinois lifted its injunction, now requiring all Illinois public school classroom teachers to observe a "brief period of silence" with students at the beginning of every school day. 

The injunction, which had been in place since 2008, barred implementation of the Silent Reflection and Student Prayer Act (105 ILCS 20/0.01 et seq.) ("Act").  According to the Act, the time is an opportunity "for silent prayer or for silent reflection on the anticipated activities of the day."  105 ILCS 20/1.

The Act has an interesting history.  In 2007, the Illinois General Assembly amended the Act to require that teachers observe a period of silence at the beginning of every school day.  The amendment was challenged on the grounds that the law violated the First Amendment and was unconstitutionally vague because it did not specify how the period of silence was to be implemented or the penalties for not complying.  

In 2008, the district court held that Section 1 of the Act violated the First Amendment because it was an endorsement of religion aimed at introducing prayer in school and was unconstitutionally vague.  The district court granted an injunction, permanently enjoining school districts from implementing or enforcing the Act. 

The defendant, Christopher Koch, State Superintendent of Education appealed the district court's decision to the U.S. Court of Appeals for the Seventh Circuit.  On October 15, 2010, a three-judge panel of the court of appeals voted 2-1 to reverse the district court's decision that Section 1 of the Act was unconstitutional.  The court of appeals upheld the Act because it does not specify that the time be used for prayer and because the moment of reflection has both secular and practical purposes in settling down students at the start of the school day.  The court of appeals stated, "Nothing in the text . . . limits students' thoughts during the period of silence; the text mandates only one thing—silence."

In addition, the court of appeals held that the Act was not unconstitutionally vague because the Constitution does not require exact specificity.  The court reasoned  that after reviewing the school district's way of implementing the mandatory period of silence, any student of ordinary intelligence would understand what was expected.  The court of appeals remanded the case back to the district court with instructions for the lower court to enter judgment in favor of the defendant.  Click HERE for the Seventh Circuit's opinion.

The plaintiff petitioned the appellate court for rehearing before the full court, which the court denied in December.  On December 30, 2010, the appellate court issued a mandate requiring the district court to lift the injunction on the Act's implementation.  The plaintiff has indicated that he intends to seek review in the United States Supreme Court, although that Court is not required to hear the case.

School boards should contact their legal counsel for guidance in applying this ruling and implementing the requirements of the Act in their districts.

Click HERE for Frequently Asked Questions regarding the Silent Reflection and Student Prayer Act. 

Please contact Vanessa Clohessy vclohessy@hlerk.com or Nancy Krent nkrent@hlerk.com for more information.