First Amendment_ Religion and Education Essay (1)

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Grand Canyon University *

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Jun 21, 2024

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TaQuanjah Roach College of Education, Grand Canyon University POS 501: US and Arizona Constitutions for Teacher Candidates Brian Kupfer June 5, 2024

The First Amendment The First Amendment to the U.S. Constitution protects freedoms concerning religion, expression, assembly, and the right to petition (Hayes, 2022). It guarantees freedom of speech and religion, and its application in public schools often involves an understanding of students' rights with the establishment clause, which prohibits government endorsement of religion. Freedom of Expression and Neutrality There are two factors regarding grading any work from your students. These two factors are Freedom of Expression and Neutrality. Freedom of expression is defined as students have the right to express their personal beliefs in their assignments. Provided that the essay fulfills the assignment's criteria (such as writing about a person they regard as a hero), the essay's content, including religious references, should not affect their grade. Penalizing a student for including religious views may be considered a violation of their First Amendment rights. Neutrality in grading is when teachers should remain neutral regarding religious content. The student's essay about Jesus should be evaluated based on the quality of writing, compliance with the assignment guidelines, and other academic standards, rather than on the religious content. Displaying Students' Work Displaying students' work is significant, but when it involves religion, three factors must be considered. First, we need to differentiate between Student Expression and School Endorsement. Showcasing student work with religious themes can be legally complicated. The main concern is whether the display might be seen as the school endorsing religion, which the establishment clause forbids. An example of this would be the Kennedy vs Bremerton case, where a football coach was protected by this establishment clause along with the free speech clause for praying before his games with his athletes (Sidebari, CRS Legal Sidebar Prepared for Members and Committees of Congress Kennedy v. Bremerton School District: School Prayer and the Establishment Clause ) . The second factor is Context Matters. If the work is part of a broader collection of student assignments on heroes, it is less likely to be perceived as the school endorsing a particular religion. It should be evident that the works represent the students' personal views, not the school's. Lastly, Disclaimers should always be included. To further prevent any perception of endorsement, the display could feature a disclaimer stating that the views expressed are those of the students and do not represent the school's views. Legal Precedents and Guidelines Several instances have shaped the legal precedents and guidelines we follow today. The first is the Tinker v. Des Moines Independent Community School District case (1969), which upheld students' rights to free speech in schools as long as it does not cause disruption. Under this principle, the student's essay and artwork are forms of personal expression protected by the First Amendment. Another significant case is Lamb's Chapel v. Center Moriches Union Free School District (1993), which highlighted that allowing religious groups to use public school facilities does not necessarily violate the establishment clause if done neutrally. Similarly, displaying the student's work as part of a larger assignment can be viewed as neutral. The final case, School District of Abington Township v. Schempp (1963), stressed the importance of

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