guest: in the kenedy case, coach kenedy previously engaged in conduct that he learned he could no longer engage in. when he was advised by the district, he abandoned it. leading prayer circles on the field in which he was making religious references, that was deemed -- the deemed that improper. he complied with the request that he not do that. there are all sorts of things. to take an extreme case, in the establishment clause, you cannot establish a religion. but beyond that, you cannot do anything that favors one religion over another. you cannot say that even though muslims are free to practice their religion, we will declare this to be a christian nation. that is not permissible. there are a whole host of things. we look to history and tradition and it would be helpful to have something specific. host: what about putting up a cross in a public place? guest: there are crosses in the artwork of the u.s. supreme court. there are the 10 commandments there. host: is that favoring christianity over other religions? guest: i don't think so. again, it reflects the traditions of the time. i ca