Doe

We must decide whether a school district’s policy regarding student graduation pro *834 nouncements violates the Establishment Clause of the First Amendment.

I

Jane Doe, on behalf of herself and her child, challenges on its face the high school graduation policy on student speakers that is administered by the Madison School District #321 (the “District”), which is located in Rexburg, Idaho. 1 Pursuant to the policy, a minimum of four students are invited to speak at commencement exercises according to academic class standing. If a student accepts the invitation, she decides individually the content of her pronouncement. She may choose to deliver “an address, poem, reading, song, musical presentation, prayer, or any other pronouncement.” In no case may the school administration “censor any presentation or require any content.” At most, it can “advise the participants about the appropriate language for the audience and occasion”; but the student-speaker is free to reject the advice.

Seeking injunctive and declaratory relief pursuant to 42 U.S.C. § 1983 and 28 U.S.C. § 2201 , Doe brought a facial challenge to the school’s policy under the Establishment Clause. 2 Her theory was…