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First Amendment rights in schools
The first amendment and its impact on education
The first amendment and its impact on education
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Freedom of religion is a right that is granted to all citizens under the First Amendment of United States Constitution (U.S. Const. amend I). This gives individuals the freedom to express their religious views however they may please. Controversy arises when the topic of religion is brought up in schools. A great example scenario is when a student submits an assignment representing Jesus Christ when asked to come up with a paper and drawing of their hero. It is important to understand what rights students have when it comes to incorporating religion in their schoolwork. This paper will examine the legal issues regarding the grading and display of the assignment containing religious expression that is submitted by a student and how the First Amendment applies to classroom assignments in schools.
In the Supreme Court case of Tinker v. Des Moines Independent Community School District, it was found that students are protected under the First Amendment and do not shed their
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constitutional rights while on school grounds (Tinker v.
Des Moines Independent Community School District, 1969). This guarantees students the freedom to express their beliefs about religion during school. Expression of religion can be done through artwork and class assignments and cannot be subject to discrimination or penalization based on the religious material in the assignment (U.S. Department of Education, 2003). However, the assignment can be subject to penalization if the student does not follow the guidelines that are set by the teacher. This is evident in the case of Settle v. Dickson County School Board when a Dickson County school teacher gave a student by the name of Brittney Settle a score of zero on her paper about the life of Jesus Christ (Settle v. Dickson County School Board, 1995). The teacher gave Settle a zero because she failed to get approval of the topic, which was a requirement for the assignment. A
suit was filed against the teacher and School Board stating that the zero on the assignment violated the Settle’s rights to express her beliefs on religion. The court ruled against Settle and determined that the teacher had not violated her rights because she had failed to meet the requirements of the assignments that were established by the teacher (Settle v. Dickson County School Board, 1995). Therefore, if a student submits a picture and essay on Jesus Christ, their constitutional rights will not be violated as long as the teacher grades the religious assignment based on normal academic criteria and not the religious content that is expressed. Having discussed legal issues regarding the grading of religious based assignments, this paper will now discuss the appropriateness of displaying student work. It is common practice for teachers to hang their student’s work up in the classroom or hallway. It is a way for teachers to express their satisfaction in their students. The concern in the given scenario is if it is appropriate to hang work if it contains religious expression. In the Supreme Court Case of Santa Fe Independent School District v. Doe, the court demanded that a government policy remain neutral and not endorse religion in public schools (Santa Fe Independent School District v. Doe, 2000). A school’s neutrality is important because it limits any religious conflicts that could exist between students, staff, and parents. By not endorsing religion in public schools, there is no discrimination or unfair bias based on religious views. In order for a school to stay neutral, they may not display student work if it expresses religious beliefs. Displaying an assignment that has religious expression could suggest that a school is siding with a certain religious belief, and is therefore unacceptable (Anti-Defamation League, 2013). Having examined the appropriateness of displaying student work expressed with religious beliefs, this paper will now discuss the application of the First Amendment to the given scenario. The First Amendment protects a student who submits an essay and a picture of Jesus Christ as his/her hero. The student is given the freedom to express his/her religious beliefs through the class assignment. Requirements for religion in the classroom will have small variations from district to district, but will still have the same framework that is established by law. A school must remain neutral when it comes to religious beliefs. District 211’s board policy states that the district’s curriculum may include the study of religion as long as it treated to aid the academic subject and has no stress on the development or practice of the religion (Township High School District 211, 2000). This is consistent with requirements that are outlined by law that allow the teaching of religion if it is related to subject matter. Having discussed the relationship of the First Amendment to the given scenario along with district and law requirements for religion in the classroom, this paper will now come to a conclusion. A student who submits an assignment expressing religious views is protected under the First Amendment of the United States Constitution. They are given the freedom to express their religious views in school and cannot be subject to any discrimination or unfair treatment due to their religious views. The assignment must be accepted and graded to standard academic criteria just like any other assignment and cannot be graded solely on the religious expression. Display of the assignment would not be appropriate because it could suggest that the school has taken a side on the religion. Schools must not endorse religion in public schools. Legal issues regarding the grading and display of religious assignments help better explain the free rights that are given to students through the First Amendment.
Separate but equal, judicial review, and the Miranda Rights are decisions made by the Supreme Court that have impacted the United States in history altering ways. Another notable decision was made in the Tinker v. Des Moines Case. Ultimately the Supreme Court decided that the students in the case should have their rights protected and that the school acted unconstitutionally. Justice Fortas delivered a compelling majority opinion. In the case of Tinker v Des Moines, the Supreme Court’s majority opinion was strongly supported with great reasoning but had weaknesses that could present future problems.
We, all, have the opportunity to voice our opinion on subjects that matter to us. The First Amendment grants us freedom of speech and expression. However, this was not provided to all students in 1968. During this time, there were three students in Des Moines, Iowa, who wore black armbands to school. These armbands were a symbol of protest against the United States involvement in the Vietnam War. After the Des Moines School District heard about this plan, they instituted a policy banning the wearing of armbands, leading to the suspension of students. A lawsuit has been filed against the Des Moines School District, stating how this principal goes against the students’ First Amendment rights. Thus, in the Tinker v. Des Moines Independent Community School District case, Justice Abe Fortes determined the policy to ban armbands is against the students’ First Amendment rights. Yet, Justice Hugo Black dissented with this decision, determining the principal is permissible under the First Amendment.
The district court found the disruptive-conduct rule unconstitutionally vague and broad, and that withdrawal of the student's name from the graduation speaker's list violated the Due Process Clause of the Fourteenth Amendment because the rule did not mention such removal as a likely sanction. The court made the case that nothing in the Constitution forbids the states from insisting that certain forms of expression are unfitting and subject to sanctions. (Tinker v. Des Moines Independent Community School District, 1969) The court affirmed that students do not "shed their constitutional rights to freedom of speech or expression at the schoolhouse gate."(Tinker) If the student had given the same speech off the school premises, he would not have been penalized because government officials found his language inappropriate.
Many Supreme Court cases in the United States have reassured its citizens’ rights. One of those cases was that of the 1965 Tinker v. Des Moines Independent Community School District case. This case was about five students who were suspended from school for wearing black armbands. Should the students have been suspended? The Tinker v. Des Moines case was a very controversial Supreme Court case in which the right to freedom of speech and expression for students in public schools was violated.
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.
Elk Grove Unified School District v. Newdow case is a litigation that was brought by an atheist father seeking for a determination of the constitutionality of the practice of recitation of the Pledge of Allegiance by public school students since it contained the phrase “under God.” The Supreme Court had two major issues to determine i.e. whether Newdow had the legal standing to challenge the constitutionality of the practice and school board’s policy and whether the phrase “under God” was an infringement of the Establishment Clause of the country’s constitution. In its ruling, the Supreme Court argued that Michael Newdow did not have the legal standing to file the litigation since he was a non-custodial parent.
"Tinker v. Des Moines Independent Community School Dist." Tinker v. Des Moines Independent Community School Dist. N.p., 12 Nov. 1968. Web. 10 Nov. 2013.
"Tinker V. Des Moines Independent Community School District." Supreme Court Cases: The Dynamic Court (1930-1999) (1999): N.PAG. Points of View Reference Center. Web. 30 Oct. 2013.
Student court cases against schools, or vice versa, are not as uncommon as they may seem. Tinker v. Des Moines was a court case that ended in 1969 regarding students protesting the Vietnam War. The three students involved in the trial wore black armbands to school, which was prohibited, and were suspended. Since the students felt that their First Amendment right was abused by the school therefore they took the issue to a local court, then eventually the Supreme Court. The case has left a mark on First Amendment rights for students since then. The Tinker v. Des Moines court case impacted the United States by questioning the First Amendment in public schools, spreading awareness of student rights, and by challenging future court cases using
It was irrational for these students to be suspended from the school. The high school students named John F. Tinker, who was fifteen-years-old, John’s younger sister Mary Beth Tinker, who was thirteen-years-old, and their friend Christopher Eckhardt, who was sixteen years old, should not have been suspended. They were under the protection of the First Amendment. The parents of those students sued the school district for violating the students’ right of expressions and sought an injunction to prevent the school from decupling the students. The Supreme Court of the United Sates stepped in and the question of law was if. They ruled in the favor of the Tinker’s because it was in a seven to two decision "Tinker V. Des Moines Independent Community School District."
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.
Prohibiting School Prayer Threatens Religious Liberty. Civil Liberties. Ed. James D. Torr. -. San Diego: Greenhaven Press, 2003.
This plainly states that public school teachers, principals, and boards are required to be religiously neutral. They may not promote a particular religion as being superior to any other, and may not promote religion in general as superior to a secular approach to life. They also may not promote secularism in general as superior to a religious approach to life, be antagonistic to religion in general or a particular religious belief, be antagonistic to secularism, and they must neither advance nor inhibit religion (Religion in Public).
University of Michigan. “Religion in Schools: A look at how religious practices influence education.” .
While students are attending public schools they should be aware of their religion options. The student should have the right to practice their religion as they please, just on the own time. Yes, religion plays a huge part in molding a person but, should be practiced when the time is available, not in a classroom setting. The government should have the ability to control the protection of the students that just want to learn. The capability to regulate the religious practices while attending public educational institutions should be left to the government. Faith, religion and belief, usually are three words that are used to describe one situation, although these words have three different meanings. To have faith in something or someone you must first believe in it and also accept it as well, but have a belief without evidence. Religion is a belief in a heavenly superhuman power or principle, such as the almighty or creator to all things. Everyone has faith and belief, but not all believers believe in the almighty. Allowing religion into public schools while everyone attending not having the same belief is unfair, unconstitutional and is complicated to teach to a verity of students.