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Freedom of religion speech
Freedom of religion speech
Religion & personal freedom
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Religion and the First Amendment A teacher assigned students to write an essay and submit a pictorial depiction on someone they considered to be their hero. One student turned in an essay saying Jesus was his hero and he drew a picture of The Last Supper. The teacher has a practice of displaying all student work in the classroom. Examining the Bill of Rights and past court cases will shed light on how the assignment should be graded and displayed along with how the First Amendment can be applied to this situation.
Legal Issues Regarding Grading of Assignment One of a citizen’s most protected rights is their freedom of speech (Lunenburg, 2011). When a student submits an assignment on their hero, it becomes a direct extension of this right. Teachers must respect students’ rights to freedom of speech and religion when it comes to grading (Wicht, 2014). The Free Exercise Clause in the First Amendment allows citizens to practice any religion they choose in any appropriate way (www.law.cornell.edu). As long as the student does not
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Allowing children to see their work displayed helps encourage them to form their own opinions and learn how to communicate thoughts appropriately (Perry-Hazan, 2015). The student’s essay and portrait about Jesus symbolizes his or her opinion. While many would say this crosses boundaries separating church and state, the law states that symbolic speech is a First Amendment right, even if others find it offensive (Texas v. Johnson, 1989). In order to display the work, the teacher must remain unbiased (Wicht, 2014). Clearly designating the area as “Student Work” will eliminate the idea that it is the school or teacher’s view (Wicht, 2014). Since the student is not attempting to disrupt or alter other students’ opinions, the First Amendment protects his or her freedom of speech and religion (Perry-Hazan,
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.
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.
Art educates. This education can be both positive and negative but art can function as an educational tool that has lasting effects. A 2009 article in the New York Times titled: “Schools Adopt Art as Building Block of Education” indicates the growing acceptance of art functioning in education. In this article, the unique architecture of the building was used practically by students “measuring whimsical figures of hot-air balloons, paper airplanes and pinwheels built right into the walls of their school” (par. 1). The architecture also functioned as inspiration for further learning. In addition, the article documented the perspective of a four-year old child who proclaimed that “When you look at it, it helps you learn.” (par. 20) When Jeremiah looked at the image of heaven and hell he learned significant life lessons. This picture that was presented in residential school ...
On the other hand, students have the right to speak out for what they believe in without having any interference; they have the right to voice their opinion. This protection is all due to the first amendment protection. The first amendment protects the students and also the teachers’ freedom of speech, that includes during and out of school. With the protection of the first amendment no person is able to violate your right to freedom of speech. Any pers...
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.
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
On December 15th, 1971, the first X amendments to the Constitution went into affect. The first X amendments to the constitution were known as the Bill of Rights. The First Amendment was written by James Madison because the American people were demanding a guarantee of their freedom. The First Amendment was put into place to protect American’s freedom of speech, freedom of religion, freedom of assembly and freedom of petition. The First Amendment was written as follows;
Prohibiting School Prayer Threatens Religious Liberty. Civil Liberties. Ed. James D. Torr. -. San Diego: Greenhaven Press, 2003.
In today’s case, we are looking at the supposed obscenity of an art exhibit in the Minneapolis Institute of Art (MIA) and supposed violations of free speech. This art exhibit contained various photographs, including what has been described as “substantially lewd or indecent” under certain Minnesota statutes. With this case, we have a divided court and a variety of issues with both sides of the arguments. In this case, the ACLU is attempting to say that their clients’ freedom of speech rights have been violated with the restraint of these pieces of an exhibit. We tend to disagree and side with the City of Minneapolis, in part. For the issue of freedom of speech infringements, we believe that the rights of the 17-year old senior have not been violated, and that the freedom of speech rights of the artist himself were violated in part, pertaining the restraint of one of the pieces of the exhibit.
One of the main court cases that have dealt with teachers’ first amendment rights is the case of Evans-Marshall v. Board of Education of Tipp City Exempted Village School District. This case first began in Ohio, when English teacher Shelley Evans-Marshall asked her class to select a book off of the list “One Hundred Most Frequently Challenged Books”(Lampe, 2010). The students were then asked to debate in class why they believed that the book had been challenged by other school districts. After this assignment was given, several parents “complained about the curricular choices”(Lampe, 2010: pg.1). Eventually a petition was signed by over 500 parents of the school, saying they wanted “decency and excellence” in the classroom. With this, the school board unanimously voted to terminate Evans-Marshall’s contract. Evans-Marshall filed against the school board saying that they interfered with her First Amendment rights (Lampe, 2010: Pg.1).
When the morning announcements come on and say, “Please rise for the Pledge of Allegiance,” people normally don’t think anything of it, but to stand up and recite a few lines to something they learned in kindergarden. However, some people may feel it is wrong to say the Pledge based upon a religion that they practice. Requiring students to recite the Pledge of Allegiance does violate the First Amendment due to the fact that they are protected under the Freedom of Speech clause. This is seen through The Elk Grove Unified School District v. Newdow case, The West Virginia Board of Education v. Barnette case, and The Massachusetts Supreme Court case. In the following cases, it is discussed whether or not it is fair to force students to stand up and recite the Pledge of Allegiance while in school.
The First Amendment was written with the intention of giving everyone in the United States the right to freedom of expression. This intention will not be fully met as long as parents and other adults feel the need to censor and control what children read, say, and do. Should children have full First Amendment rights, or should they have a more limited form of the First Amendment? Nat Hentoff, a free-speech activist and historian, Janet Judge, president of Sports Law Associates LLC, and Simon Brown, Assistant Director of Communications at Americans United for Separation of Church and State, are all prominent figures in the argument of children’s First Amendment rights. Hentoff argues that classical literature containing racist remarks should
Moreover, a society is not portrayed as a fair society unless ideas and opinions are flourished individually and equally through the society. According to the 1st Amendment of the United States, “Congress shall make no law respecting an establishment of religion” which means that “prohibiting the free exercise thereof; or abridging the freedom of speech,” is unfair to us and violates the freedom of “the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.” (Source F). If students don’t have the right to be free and explore through different types of books then that is dehumanization against our society. According to student surveys, a substantial amount of teens were gathered to read books that were considerably banned in school and this was their response after the survey; “I really liked how it was written. Also I really liked...
In Morse, Joseph Frederick, a student at a school supervised event, held up a banner with the message “Bong Hits 4 Jesus”. After he refused to take it down, Deborah Morse, the school principle, took the banner and suspended Frederick for 10 days. This punishment was based on his violation of school policy, which forbids the display of anything promoting illegal drug use. The Supreme Court held that schools are not violating a student’s First Amendment rights when they take measures to protect the students from the promotion of illegal drug use while under the supervision of the school.
In this situation, the student fulfilled the requirements for the assignment by choosing a hero and showing in pictorial form why they consider this person to be hero. This student is not breaking any rules by showing their religious beliefs in their classwork because it is in correlation with the assignment’s requirements while they are also being protected under the First Amendment of the Constitution. “The First Amendment of the United States Constitution protects the right to freedom of religion and freedom of expression from government interference” (Cornell University Law School, 2012). The student’s artwork of their hero is just further explaining how Jesus is a hero through the selfless role...