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Freedom of speech in education
The first amendment rights essay
The first amendment essay
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Religion and the First Amendment in the Schools
The First Amendment in the classroom gives way to students having freedom of choice, religion and speech. In this paper, we will discuss the legal issues with a student given the opportunity to choose a hero to represent in an essay and to draw of picture that depicts that hero. The student chooses Jesus as his hero and in turn draws a picture of the Last Supper. How does the teacher go about grading this assignment and displaying the picture in the classroom? This topic provides much discussion and controversy with freedom of religion, speech and choice in regards to the First Amendment in the classroom. As addressed in Settle V. Dickson County School Board (1995)
Legal Issues Regarding Grading of Assignment
Legal issues that apply to the student writing an essay about Jesus seems very clear. As long as the student completed the assignment according to the rubric and all criteria was meet the student should not be reprimanded in any way. The student chose who they felt was a hero to them and there should be no legal action. Which refers to the First Amendment that states, “Congress shall make no law…abridging the freedom of speech” (U.S. Const. amend. I). After
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The student was given the choice to draw a picture the represents a hero in their mind. The guidelines were followed and in doing so the student should be graded just as are the other students. For instance, students at the Lyon County School District are given the opportunity to express their beliefs in multiple ways with respect to other religions and or beliefs. No religions or beliefs are being threatened by displaying the students work. In other words, teachers must use their own judgement when it comes down to this sort of subject. Take into account and consideration of their students and families beliefs and decide what is best for all individuals
Over five years have passed since high school senior Joseph Frederick was suspended for 10 days by school principal Deborah Morse after refusing her request to take down a 14-foot banner he was displaying at a school-sanctioned event which read “BONG HiTS 4 JESUS.” Born as a seemingly trivial civil lawsuit in which Frederick sued the school for violating his First Amendment rights to free speech, the case made its way up to the U.S. Supreme Court, and the long-awaited ruling of Morse v. Frederick has finally been released. In a 5-4 split decision, the court ruled in favor of Morse and upheld the school board’s original ruling that Morse was acting within her rights and did not violate Frederick’s First Amendment rights by taking away his banner and suspending him for 10 days. The controversial decision has led followers of the case to question the future of student speech rights.
Mr. Schempp took the case to court in to 1958, claiming that required reading for the Bible and recitation of the Lord’s Pray prohibited free exercise of religion for his children, and was therefore unconstitutional, under the First Amendment. Mr. Schempp son, Ellory, stated under oath, that he didn’t not believe in Jesus Christ, or the Christian beliefs. He testified that ideas opposing to his were presented to him while he was at school in Abington High. He received punishment because he refused to stand at attention during the recitation of the Lord’s Prayer and when requested to leave during the exercise, his demands were denied.
In cases having to do with constitutionality, the issue of the separation of church and state arises with marked frequency. This battle, which has raged since the nation?s founding, touches the very heart of the United States public, and pits two of the country's most important influences of public opinion against one another. Although some material containing religious content has found its way into many of the nation's public schools, its inclusion stems from its contextual and historical importance, which is heavily supported by material evidence and documentation. It often results from a teacher?s own decision, rather than from a decision handed down from above by a higher power. The proposal of the Dover Area School District to include instruction of intelligent design in biology classes violates the United States Constitution by promoting an excessive religious presence in public schools.
This is a case of great importance because it addresses the issue of the broadness of the First Amendment as well as student’s freedom of speech rights being limited based on vicinity and because they are students. From this case it can be concluded that the courts were indecisive in their decision making process and that they will continue to interpret the First Amendment to their suiting and not as it is written. Finally, schools do need to have the right to enforce policies that are beneficial to the students.
In the landmark case Tinker v. Des Moines Independent Community School District (1969), John Tinker and his siblings decided to openly protest the Vietnam War by wearing black armbands to school (Goldman 1). The school felt that their efforts to protest the war disrupted the school environment. “The Supreme Court said that ‘in our system, undifferentiated fear or apprehension of disturbance is not enough to overcome the right to freedom of expression.’ School officials cannot silence student speech simply because they dislike it or it is controversial or unpopular” (FAQs 2). What about theatrical performance? Should certain plays not be performed at school because of inflammatory content? Theatrical performance plays a significant role during various years of a child’s youth, but, alone, has one central aim that allows for tolerance and multifariousness within the “salad bowl” United States. High school theatre arts curriculum’s purpose is to develop appreciation of the doctrines, perspectives, principles, and consciousness of diversified individuals in distinctive epochs throughout history as conveyed through literary works and theatre. If theatre has this sort of impact, why does the school administration, teachers, parents, even the state government, infringe upon the student body’s First Amendment rights? Schools should make no policy that would chastise a student for speaking their mind or expressing oneself, unless the process by which they are expressing themselves meddles with the educational methods and the claims of others. If a student threatens another student under “the right” of being able to speak freely, one would hope a school would take immediate action before potential harm occurs. The First Amendment clearly states that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.” In reference to students and a school environment, the definition of freedom of speech and expression becomes very unclear as to what they can and cannot say.
This practice certainly left some students without specific representation in a time when denominational clashes were commonplace. Additionally, Mann’s new system of central school board control over appropriate curriculum books and material took local decision making power and commandeered it, taking along with it the power of local influence within the arena of formal education. This was perhaps the most extreme measure against democratic procedure and social mobility, and was considered later to be an attempt at hindering basic social liberties. “We object also to the sanction of the school board because it is an approach to a censorship of the press.” (Brownson, O. 1840). Censorship in schools showed students nationwide only what the centralized board deemed appropriate, however this method was not practical at a local level, from either a social or economic
In this case, the court ruled that the administrators of schools can edit the content of school newspapers. This court case is just one of the many examples of how the schools are able to sway and control what their students say and what they see, which makes a big impact on the First Amendment rights of all the students who read and who have to write the newspaper. Another case that supports the research question is Bethel School District #43 v. Fraser, 1987. This case specifically points out that students do not have the rights to make obscene speeches in school.
Separation of church and state is an issue in the forefront of people’s minds as some fight for their religious freedoms while others fight for their right to not be subjected to the religious beliefs of anybody else. Because public schools are government agencies they must operate under the same guidelines as any other government entity when it comes to religious expression and support, meaning they cannot endorse any specific religion nor can they encourage or require any religious practice. This issue becomes complicated when students exercise their right to free speech by expressing their religious beliefs in a school setting. An examination of First Amendment legal issues that arise when a student submits an essay and drawing of a religious
The First Amendment is what we chose because it covers good areas (topics) that are occurring in the world on a daily basis. Many people like the items that The First Amendment covers, and some people don't like them. Either way there are many other amendments that have been ratified by the two-thirds of the House and Senate. There are ten amendments in the constitution, but there are 17 other amendments that aren't in the constitution. Therefore, in total there are 27 amendments.
Minersville provides a very interesting backdrop to subsequent cases with graver overtones of censorship. The Minersville case was brought by the father of Lillian and William Gobitis, on their behalf, against the public schools of Minersville, Pennsylvania. The Gobitis children, Jehovah's Witnesses, were brought up to believe that scripture forbade saluting a flag. They refused to observe the Pledge of Allegiance and were expelled from the public school system, forcing their father to enroll them in private schools (23-25).
Students’ rights in schools are limited or just taken away. Kids are forced to do whatever the officials at their school, either the principal or the teachers, tell the students to do. One of the main right that gets taken away or limited is students’ first amendment rights, which is the freedom of expression. Students can gets suspended by just doing things the staff at the school does not like, including saying things that they don 't like or supporting a religion that the school does not support. Also, if something is said about the school or the people attending the school is said on social media that student can also get in a lot of trouble. Students should be able to have more first amendment
The first amendment is the cornerstone of our American society founded years ago by our forefathers. Without the first amendment many ideas, beliefs, and groups could not exist today. The first amendment guaranteed the people of the United States the freedom of speech, freedom of the press, and freedom of religion, freedom of assembly, and freedom of petition. Although the first amendment guarantees us, Americans the freedom of speech, we cannot use it to cause others harm. This amendment has helped shaped Americans into what we are today, because of our right to assemble, speak freely, and worship as we please.
The Bill of Rights was crafted in 1791 by James Madison. It was put in place to protect the rights of all people within the borders of the United States when it is applied by the government. It is a very important document that means a lot in the hearts of Americans.
The Pledge of Allegiance was a staple in American schools when I was in grade school. Every morning we would recite the pledge and proclaim our allegiance to God and Country. It was a way to express patriotism and some of the values on which our nation was built. At what point did citing the Pledge of Allegiance; a proclamation that is suppose to represent freedom, begin to infringe on civil liberties? Has their always been bias language in the Pledge of Allegiance? This paper will discuss the first highly publicised discrepancy over the pledge, Supreme Court case Elk Grove Unified School District v. Newdow. I will also discuss the levels of the court through which the case evolved before it reached the Supreme Court. I will summarize the decision of the Supreme Court and explain the fundamental impact that the court decision in has had on American society in general and on ethics in American society. Finally, I will discuss my personal view of the pledge and its use in public schools.
Education is a elemental human right and essential for all other human rights. It is a powerful tool by which socially and economically marginalized children and adults can lift themselves out of poverty. It also consists of the right to freedom of education. Freedom of education is the right given to human beings to have access to the education of their preference without any constrictions. Right to education is a human right recognized by the United Nations. It includes the entire compulsion to eliminate inequity at all levels of the educational system.