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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 …show more content…
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
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 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
Mrs. Moreno and the other plaintiffs in this case believes religious education should be the responsibility of parents and religious communities, and not the public schools to which she sends her children (ACLU, 2007). Additionally, Mrs. Moreno and the other plaintiffs’ feels the use of their tax dollars to promote and endorse religion in the public school system is unconstitutional (ACLU, 2007).
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.
"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.
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.
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.
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).
Prohibiting School Prayer Threatens Religious Liberty. Civil Liberties. Ed. James D. Torr. -. San Diego: Greenhaven Press, 2003.
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.