1	was not paid with government funds to deliver his message; and
2	who had total control over the content of his message.
3	This is the epitome of private speech that the Constitution
4	not only does not prohibit, but affirmatively protects.
5	Just this week the Supreme Court denied certiorari in an
6	important "private speech" case, Adier v. Duval County School
7	Board, 250 F.3d 1330 (11th Cir. 2001)(en bane), cert. denied,
Q	2001 WL 984867, 70 U.S.L.W. 3147 (U.S. Dec. 10, 2001) (No. 01-
9	287). This is particularly significant to the instant case
10	because it left intact a ruling that a school district policy of
11	allowing an elected member of the student body to deliver a
12	message at graduation ceremonies does not violate the
13	Establishment Clause. The student was free to give "whatever
14	message he chooses, regardless of whether that message comports
15	with the views on religion, school prayer, or any other subject
16	held by the majority that elected him." Adier, 250 F.3d at 1339,
17	n. 2. The Adier court focused on the district's lack of control
18	of the content of the student message in finding this was private
19	speech not prohibited by Santa Fe Independent School District v.
20	Doe, 530 U.S. 290 (2000). x Adier at 1337.
21	Turning to the instant case, the undisputed facts are that
22	no government official suggested to Rev. Graham what he should
23	say in his invocation, nor did he submit his proposed message to
24	any government official for approval. There was simply no state
1    In Santa Fe the Supreme Court invalidated a school
27  board's policy permitting students to vote on the delivery of a "statement or invocation," subject to school officials' approval,
28  at each home high school game.