Justices Will Study School Silent Periods : N.J. Meditation Law Held Backdoor Prayer Bid by Lower Courts

The Supreme Court today agreed to study the validity of a New Jersey law providing daily moments of silence for public school students.

The court, if it finds it has the proper jurisdiction, will decide whether the law, which tells school officials to let students use the silent moments “for quiet and private contemplation or introspection,” violates the constitutionally required separation of church and state.

Two lower courts said the New Jersey law represents an unconstitutional, backdoor attempt to return organized prayer sessions to public schools.

The Supreme Court in 1985 strongly reaffirmed its 1962 ban on organized prayer in public schools by outlawing daily moments of silence if students are encouraged to pray during that time.

In that ruling, the court voted 6 to 3 to strike down an Alabama law that allowed such periods for “meditation or voluntary prayer.”

But the justices did not say in the Alabama case that all moment-of-silence laws are invalid. They indicated that if a law does not mention “prayer”--and if state legislators did not intend the law to endorse or promote school prayer--it is valid.

Political Platforms

The moment-of-silence issue has been a politically charged one. Numerous political candidates in 1984, including President Reagan, called for a return of organized prayer in public schools.

The Reagan Administration told the justices in the 1985 case that moment-of-silence laws like Alabama’s “enhance the opportunity for students to include silent prayers as part of their activities at school.”

Reagan favors a constitutional amendment that would, in effect, overturn the Supreme Court’s 1962 decision.

The 1962 ruling did not outlaw silent prayers in public schools. As one pro-prayer advocate explained, “You can hardly engage in thought control.” But the ruling 25 years ago drew the line at official sponsorship of prayer sessions.

The New Jersey law on moments of silence, passed by the state Legislature in 1982 over the vetoes of Gov. Thomas H. Kean, does not mention prayer.

But from 1968 to 1976, the state Legislature passed bills that would have allowed teachers to open every school day with “a brief period of silent prayer or meditation.” The bills were vetoed.

Calif. Ruling Reversed

In another decision today, the justices reversed a ruling of the California Supreme Court, saying the rights of a murder defendant were not violated when the jury considering his fate was told not to be swayed by “mere sentiment, conjecture, sympathy” or other emotion.

The 5-4 decision reinstates the death sentence for convicted murderer Albert Brown Jr., whose case was often cited by opponents of California Chief Justice Rose Elizabeth Bird in their successful campaign to defeat her in the November election.

The state high court said the anti-sympathy warning violated Brown’s constitutional protection against cruel and unusual punishment.

In other action, the court:

--Said police may continue to question suspects who agree to talk but say they want to see a lawyer before making a written statement.

--Ruled that police, before questioning suspects, are not required to tell them of all crimes for which they may be under suspicion.

--Granted an appeal by the Church of Scientology, agreeing to examine the Internal Revenue Service’s duty to disclose confidential information on request.