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Arguments about the first amendment
Separation of church and state legal doctrine
Separation of church and state
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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 …show more content…
nature for an assignment will provide insight into how the First Amendment applies to classroom assignments. Legal Issues Regarding Grading of Assignment In this case the assignment given to students was to select a personal hero and write an essay about this person.
This assignment is entirely subjective and could result in a wide range of responses, from family members to historical figures to religious leaders. In this assignment there is no wrong answer, as an individual’s topic is left up to personal choice and discretion. In the grading of this assignment, the hero that is selected by a student should have no bearing on the grade they receive on their project. This assignment’s grading must be based on academic requirements, as “home and classroom work should be judged by ordinary academic standards of substance and relevance” (Shoop, 2006, p. 5). Student work should be graded on topics such as formatting and mechanics, as well as persuasiveness or explanation, which would not be impacted by any student’s choice of hero. Having examined the legal issues related to this specific scenario, the next step is to determine the appropriateness of displaying the student’s …show more content…
work. Appropriateness of Displaying Student’s Work Displaying student work is described in this case as “standard practice” for all student work.
The issue at hand is one of teacher endorsement and whether or not displaying a student’s religious work represents a personal endorsement from the teacher regarding religion or religious practices. Because the works of all students are displayed, the teacher is neither presenting nor endorsing a personal belief. If there is a concern over student interpretation of a teacher displaying the work, teachers can take an educational tact by explaining to students that a religious story presented by a student is their personal story and not a story of the teacher’s or the school, thus allowing the student’s work to be presented without violating the Establishment Clause (Ross, 2014). This piece of writing and the artwork that went with it are a personal belief to the student and represent who the student considers to be a hero, and do not represent the beliefs of the teacher or the school. Justice O’Connor explained this as an endorsement test, asking two questions: “whether government’s purpose is to endorse religion and second, whether the statue actually conveys a message of endorsement” (Schimmel, 1994, p. 16). In this case no endorsement is made because the teacher displays all student work and is in no way advancing a personally held belief. Having examined the appropriateness of displaying the student’s work, the next step is to determine how the First Amendment applies to
this scenario. Application of First Amendment to Scenario The First Amendment to the Constitution provides individuals with the free exercise of religion as well as freedom of speech and contains the Establishment clause, which prevents the government from showing favor for one religion over another ("Establishment clause," n.d.). Lincoln Public Schools Policy and Regulation Manual (2015) states that “staff member will encourage students to express their own views, assuring that it be done in a manner that gives due respect to one another’s rights and opinions.” By allowing each student the opportunity to express their own opinion regarding a personal hero, the teacher is neither forcing their opinions onto the students nor endorsing the student’s personal beliefs. Furthermore, based on the student’s first amendment right to free speech, there is nothing to prevent a student from drafting an essay regarding Jesus Christ, nor to prevent the drawing of an image depicting him. Conclusion Freedom of religion is a hot button topic in America. People want to be able to practice their own religious freedom but not necessarily be subject to the beliefs of others. In order to protect individual freedom, the government and the people who represent it are legally prevented from endorsing any certain religion. Individuals are not subject to these restrictions. In the case of schools, students are allowed their First Amendment right to express their beliefs. In this case, a teacher assigned a subjective task that allowed students to select anyone who they consider to be a hero and write an essay and create artwork about that person. So long as the teacher assesses the work of the student that selected Jesus as their hero in the same manner and to the same academic standards as all other student works, there is no reason that the student’s work should not be acceptable, nor is there anything to prevent the teacher from displaying the work, along with all the other student’s projects. The teacher is not endorsing the work, only allowing the student to express a depiction of their hero, just like every other student in the class.
In America the Amendment 1 of the U.S. Constitution gives the American people the right to peaceably assemble and to petition the Government for a redress of grievances. Most notably Amendment 1 is known for and most often cited as giving the Freedom of Speech. Even before this amendment was ratified people in the U.S. were protesting, as in the Boston Tea Party. Protesting has been a way to effect change in America. A question to ask is this: is there a right way or wrong way to protest.
The daughter of an atheist, Michael A. Newdow, attended public school in the Elk Grove Unified School District in California, where teachers started school days by leading students in a voluntary narration of the Pledge of Allegiance. The pledge included the phrase “under God”, which was added to it in 1994 through a Congressional act. The atheist sued the school district in federal district court in the state on the basis that making students listen to the phrase even if they were not willing to participate was an infringement on the establishment clause of the First Amendment to the U.S. Constitution. He had argued that his right to influence the religious views of his daugh...
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 paper deals with the stance of our schools and government on prayer in school. In this paper I will show how our government is hypocritical in its dealings of the prayer in school issue and how some of us as citizens are hypocritical as well. I will discuss the freedom of religion rights and how its interpretation affects prayer in school. Also, I will address the popular phrase, “separation of church and state”, that is often used to argue against prayer in school.
Are heroes important? This is the question that Scott LaBarge, a philosophy professor at Santa Clara University, tackles in his article “Heroism: Why Heroes are Important.” He encourages teachers, parents, and students to realize that heroes are tremendously significant in society by using references to factual and historical details, personal association, and various examples of different types of heroes. LaBarge effectively uses the rhetorical appeals of ethos, logos, and kairos to convince his audience that heroes are important.
This is just down right wrong because it’s unwarranted to give the right to do such a thing to schools and not to government. Thesis Schools have more rights than the government to affect and restrict the 1st Amendment and freedom of speech. Annotated Bibliography Hudson, David L., JR. " First Amendment Center. "
The school locker is usually the only private space available to a student in the environment of the school. So it focuses many of the main issues involved in privacy of the students. The 4th Amendment of the US Constitution states “The right of the people to be secure in their persons, houses,papers,and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the person or things to be seized.”
The First Amendment is the first section of the Bill of Rights and is often considered the most important part of the U.S Constitution because it guarantees the citizens of United States the essential personal freedoms of religion, speech, press, peaceful assembly and the freedom to petition the Government. Thanks to the rights granted by the First Amendment, Americans are able to live in a country where they can freely express themselves, speak their mind, pray without interference, protest in peace and where their opinions are taken into consideration, which is something not many other nationalities have the fortune of saying. The Founding Fathers were the framers of the Constitution of the U.S., and the responsible for the elaboration of the First Amendment. The majority of the Founding Fathers were enlightenment thinkers who were in love with liberty, and thought that basic political rights were inevitable for man’s nature. After having experienced the tyranny from their mother countries, the Founding Fathers carefully constructed the Constitution of the United States in a way where tyranny was avoided and a government for the people, by the people and of the people was developed, which is clearly reflected in the Constitution. At the time of inception of the United States, the Founding Fathers created the First Amendment in order to ensure that the government would not interfere with Americans’ basic civil rights. The rights outlined on the First Amendment were considered so important by these leaders that many states refused to ratify the Constitution of the United Sates until there was a conjecture of amendments that would protect individual rights in the future.
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
In her article “Beyond the Wall of Separation: Church-State in Public Schools”, Martha McCarthy, a Chancellor Professor and chair of Educational Leadership and Policy Studies at Indiana University, Bloomington, Indiana, makes it clear that her aim is to inform educators of the legal history and constitutional precedents of the Establishment clause and Free speech Clause of the First Amendment with an attached understanding of how educators should implement these findings. She summarizes and analyzes key Supreme Court rulings over the course of the 20th century as they pertain to religious expression in public schools. She clarifies the usage of both the Establishment Clause and the Free Speech Clause, including recent changes in trends that have been noted in the Supreme Court during the last decade. From the late 1940’s to the 1990’s most Supreme court rulings focused on the Establishment Clause to the increasing exclusion of the Free Speech Clause such that students were increasingly limited in the ways they were allowed to express themselves in school even in a private manner. In recent years, however, it has been noted that forcing students to suppress their religious expression is itself a religious statement and one that denies the role of religion in people’s lives. McCarthy notes that the public schools must take a neutral stand in relation to religion such that they do not defend or deny its role in people’s lives, either directly or indirectly.
This paper discusses how the legislative, executive, and judicial branches of the United States government interact to allow each individual in a public school freedom to pray while not endorsing any religion.
This paper will examine the first amendment’s right to free speech based on three different Supreme Court cases and how there are varying examples of free speech. In the case of Snyder v. Phelps, Snyder sued Phelps, the Westboro Baptist Church, for intentional infliction of emotional distress, invasion of privacy by intrusion upon seclusion, and conspiracy because the church set-up protest outside of his military son’s funeral service (Chen et al., 2010). Another side of free speech involves a case which allow schools to restrict speech that is promoting illegal drug use. To examine this view this paper will look at the case of Morse v. Frederick. Lastly, this paper will look into the case of Texas v. Johnson. At the end of a protesting march Johnson burned an American flag. The research for this paper will allow the reader to examine some of the different ways that free speech can be expressed, to what extent it may or may not be expressed and possibly where free speech may or may not be prohibited.
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.
Education Week talks about the freedom and practice of religion stated in the United States Constitution and how the government has altered that in their article, “Religion in Schools”. They touch base on how “under God” was taken out of the Pledge of Allegiance and elaborate how students can participate in religious clubs outside of school because of the placement of the federal Equal Access Act of 1984.
"The ACLU and Freedom of Religion and Belief." American Civil Liberties. (2013): n. page. Web. 2013.