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The 5th U.S. Circuit Court of Appeals will hear arguments Feb. 3 in a suit challenging the constitutionality of a Texas law requiring public schools to observe “one minute of silence” during each school day so that students can pray and engage in other silent activities that do not distract other students.

In January 2008, U.S. District Judge Barbara Lynn of the Northern District of Texas in Dallas found in Croft, et al. v. Perry, et al. that Texas Education Code §25.082(d) passes muster under the Establishment Clause of the First Amendment of the U.S. Constitution.

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