Only when the exercise implies a tacit approval from the state, like when the childs prayer is leading the entire class at a commencement. They are acting as a representative of the school in that capacity.
The ACLU has repeatedly defended kids rights to carry and study their bibles in school, to meet in prayer at school, etc. What they have fought is the school proper being the catalyst for such activities.
I never understand why this difference is so confusing.
Seems simple enough to me.
As to the Justice Black opinion, that is their job, to interpret the constitutionality of laws and decisions. His way of thinking has been upheld ever since, regardless of the makeup of the court.
Sorry they didn't agree with you, that the document should be frozen in a time capsule.
You lost that one.
But I presented the example earlier to refute this interpretation. The President of the United States is most certainly representing "the state" in his official capacity as President, is he not? We, the taxpayers are paying his salary, correct? So when I point out that in the very letter where (then President) Jefferson used the words "wall of separation between church and state" actually concludes with a prayer and respectful and esteemed reciprocation to the Danbury Baptists, it seems to completely contradict the modern interpretation of the Establishment Clause.
Oromoron chimes in that this doesn't violate it because it's not
Congress making a law... well, kids leading a prayer is also not Congress making a law. A Ten Commandments monument in a statehouse building is not Congress making a law. A nativity scene in front of the courthouse is not Congress making a law.
Supreme Court rulings are not forever carved in granite, else slaves would still be property! Women would still be unable to vote! Schools would still be segregated! The list goes on and on. So I wouldn't get too cocky about a 1947 ruling which changed the original intent of the 1st Amendment.