Freedom of Speech: The Engel Vs Vitale Case Essay example

Religion is one of the most controversial issues in society today. The concern of allowing prayer in schools is an on-going debate and has resulted in numerous lawsuits. Religious school clubs, after school activities, curriculums, and moments of silence during school are just a few of the court cases that judges have administered. People in favor of prayer in schools believe that their children can only learn certain values through religious practice. On the other hand, an individual against religious practice in schools views this issue as an infringement on his or her children’s rights as Americans.

Since the Declaration of Independence was drafted founding itself on individual privileges and choice, happiness and democracy, a multitude of concerns have kindled the rights disputes that we see making law an active and continually growing and interesting area of interest today. Issues arose included women suffrage, civil equality, slavery, the ability to hold a religious forum, along with many others. And, though the context and times have significantly changed with these concerns there still remains a constant struggle between state, religion, and schools. Prayer in public schools is still a topic of conversation. The giving of religious gifts to administrators and the funding of schools through tax-payer monies are

What was the court’s decision in the case? What reason did they give? What landmark case did they cite?

The Supreme Court is perhaps most well known for the Brown vs. Board of Education decision in 1954. By declaring that segregation in schools was unconstitutional, Kevern Verney says a ‘direct reversal of the Plessy … ruling’1 58 years earlier was affected. It was Plessy which gave southern

In response to the Supreme Court’s ruling in the Santa Fe Independent School District V. Doe (SFISD V. Doe) case, Chief Justice Rehnquist commented, “It [the ruling] bristles with hostility to all things religious in public life” (“United”). Separating religion and state has always been a matter of concern for the United States, as shown by the Establishment Clause in the First Amendment of our constitution. Although there have been many cases revolving around the relationship between the church and the state, SFISD V. Doe is among the most notable. By examining the background, reflecting on the decision, and analyzing the impact of the SFISD V. Doe case,

They stated that religion unifies many people and puts faith into America. The State believed that the prayer would help bring out the spiritual side of children. The parents argued that the prayer quite simply violated the first amendment, the separation of church and state and requires that the government stay out of the business of prescribing religious activities of any kind. They argued that because not all students shared the same religious beliefs, the public schools should not be a place to preach religion, and believed that religious freedom of the students was being corrupted by providing time during school for prayer. The State rebutted that the prayer was completely optional, therefore was constitutional; if the prayer was against a child’s religion, or if they simply did not want to they did not have to take part in the prayer. A case very similar to this one took place rather recently. An excerpt from the pledge of allegiance states “one nation, under God.” A parent of a child attending pleaded that having said words in the pledge of allegiance is in violation of the Establishment Clause, and took it to the Supreme Court, this is the case of Elk Grove Unified School District v. Newdow. The Court's decision was that the excerpt did not violate the constitution because it is a symbol of our heritage and it is a

We all know of the famous trial that happen on May 17, 1954, a trial that ended all segregation in school districts all over the United States of America. With this law being enforce by the 14th amendment, it change the whole nation, colored people were now being allowed to enter into real academic schools, and compete for a better future. Of course I am talking about the Oliver Brown v. Board of Education of Topeka, better known as

1) What were the legal issues in this case? What did the appeals court decide?

So the need for more drastic, shock and awe type actions from people desiring to be heard on any particular matter has been brought to the forefront. This is where the Bill of Rights has drastically come into play. At this point the Supreme Court has to protect the freedoms without stripping Americans of their rights entirely but it also has to protect Americans from those who wish to do harm to others under the protection of freedom of speech or expression. Not only does the First Amendment provide for freedom of speech but also freedom of expression which is as equally controversial. By examining the First Amendment and the protections and exclusions it has provided over the years through three highly controversial cases, it will allow the reader some insight into the difficulties surrounding the protection of free speech. The cases that are to be examined are Snyder v. Phelps, Morse v. Frederick and Texas v. Johnson. All of these cases present a different freedom of speech or expression issue that was brought to the Supreme Court and therefore, set a standard for future rulings regarding that particular issue.

of separate of equal being done away with by the Supreme Court. The first case was heavily

This case to place in 1954 and helped to end the segregation laws that withheld black and white schools being integrated. Before I

A landmark case in United States Law and the basis for the exercise of judicial review in the United States,

The Chief Justice that presided over this case was C.J. Rehnquist, the other presiding Justices were J. O'Connor, J. Stevens, J. Souter, J. Breyer, JJ. Thomas, J. Kennedy, J. Scalia, and JJ. Ginsburg. Chief Justice Rehnquist delivered the opinion over the case with Justices O'Connor, Scalia, Kennedy, and Thomas filed concurring opinions. Whereas, Justices Breyer, Stevens, Souter, and Ginsburg filed a dissenting opinion. Before I go into the opinion that Rehnquist delivered I would like to go in to some of the opinions that the other Justices' had stated as to their dissenting opinions.

For centuries, the debate has existed whether or not to allow prayer in public schools. Many Americans feel it is not right of the schools to teach religion. With all the diversity associated with the United States, public schools cannot select one standard religion to practice, due to the cultural and religious differences in the country. Not only are schools the storm center of controversy involving religious differences, they are the principal institution charged with transmitting the identity and mission of the United States from one generation to the next. If we fail in our school policies and classrooms to model and to teach how to live with differences, we endanger our experiment in religious liberty and our

This case was a case for the ages that challenged the very decision of our newly elected president. The former President Adam after a grueling election has lost and in order to maintain the legacy of the Federalist, he began to appoint justices to the Supreme Court. These judges were appointed by the president and confirmed by the Senate, but unfortunately for these justices, the letters that confirmed the appointment never reached the potential justices. Adams was working quickly to push the appointments through, but unfortunately he ran out of time and Jefferson took office. Jefferson saw the appointment letters on his desk and discarded them. One of the potential justices was William Marbury and he sued the president for his Supreme Court appointment. His goal was to have the court to order a writ of mandamus, which if completed, would order a government official to fulfil their official duties.