the Secretary merely rubber stamped the decisions of the relevant industry. 5 . The Court also rejects the Commission’s argument that if student led prayer before a high school football game is attributable to the government, Santa Fe Indep. School Dist. v. Doe, 530 U.S. 290, 120 S.Ct. 2266, 147 L.Ed.2d 295 (2000), so to must be the Commission’s speech. Santa Fe is an establishment clause case, which turns on whether there is perceived or actual endorsement of the private speech by the government. See id at 305, 120 S.Ct. at 2277. Aside from the dearth of authority applying the Establish ment Clause test for government speech to a free speech case, Santa Fe, noted, as part of the indicia suggesting actual or perceived endorsement by the school district, that the publi Cir.1995) (<HOLDING>). 7 . Delano Farms only dealt with the United
holding that claim construction is an issue of law for the court not a question of fact for the jury holding that while legislative findings are due deference that cannot foreclose a courts constitutional analysis holding the constitutional rule announced in apprendi does not prohibit a district court from finding by a preponderance of the evidence facts relevant to the application of the guidelines holding that the issue of the finality of an order in a childcustody case was controlled by the fact that the trial courts judgment was final as to the facts presented at trial and would only be modified in the event that new facts subsequently developed justifying a modification of that judgment holding that deference to legislative fact finding does not foreclose the courts independent judgment of the facts bearing on an issue of constitutional law