The Importance Of Freedom Of Speech And Religion In Public Schools

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.

Is it ok for students to express religious beliefs in class discussions, or through assignments? If you were Brittany Settle you would probably answer “No”. Settle v. Dickson County School Board, 53 F. 3d 152 (6th Cir. 1995), Brittany’s assignment was a research paper and her topic was drama approved by her teacher, which she later changed, without approval, to “The Life of Jesus”. The teacher refused her paper and Brittany received a zero. The teacher gave six reasons why she refused Brittany’s paper. Court ruled that Brittany’s free speech was not violated, by having to abide by a teacher's curriculum, and the teacher has control over the curriculum and classroom.

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

When working with students assignments that deals with religion, we as educators have to take various things into considerations. We have to allow students the opportunity to express themselves even when dealing with religious

Department of Education describes the current laws regarding religion within the public schools. He states that it is, in fact, constitutional to teach about religion in public schools. Also, students have the right to pray individually or in groups about their religious values with other students as long as they do not disrupt the students who do not wish to participate. Riley goes on to say that in the classroom, students have the right to read The Bible, and pray quietly to themselves except when they are required to participate in the regular class activities. Teachers or school administrators, however, are prohibited from encouraging religious or non-religious activities to students. Riley comments that during class, teachers can teach about a particular religion, but they are not permitted to teach that or any other religion. Things like, the history of different religions, or religion as literature are permissible subjects within the public schools. Obviously, schools would want to teach the role of religion in the history of the United States since it is such an important part of the country’s history. Riley points out that the same types of laws apply when teaching about the theories of evolution. The schools can teach the different explanations of why there is life on earth but they can only present the evidence and not the religious beliefs. When it comes to assignments or homework,

Historically, legal issues regarding the grading of assignments containing religious material have come to similar decisions. In Tinker v. Des Moines Independent Community School District (1969), a group of students decided to express their views about Vietnam by wearing black armbands to school. Although the district attempted to punish them for this, the Supreme Court ruled that the students were expressing a form of “symbolic speech” and were protected by the First Amendment, as long as it did not disrupt normal school functions. Similarly, expressing views of religion in school is protected if it does not disturb the educational process. According to Haynes and Oliver (2007), students have the right to express religious beliefs “in homework, artwork, and other written and oral assignments free from discrimination based on the religious content of their submissions” (p. 65). An educator must

Censorship cases often bring about debates over students’ first amendment rights. Students’ first amendment rights are important to preserve so that students can not be excluded from meaningful works or literature. It is understandable for the government to design educational plans as a way to get its voice into classrooms, but “the truth-promoting function of the First Amendment provides no reason, however, to question the right of students to explore a variety of ideas and perspectives, and to form and express ideas of their own” (Brown, 1994, p. 30). Schools already place a restriction on religious material or material addressing current political controversy (Brown, 1994).

The First Amendment gives the citizens of the United States their most important rights: the right to freedom of speech, freedom of press, freedom of religion, and the freedom of assembly. Over time these rights have worked themselves into the everyday lives of United States citizens. However, there are still places where our First Amendment rights may be compromised. In the school system, finding a balance of respect and freedom of speech and press is as difficult as learning out to tightrope walk. One wrong step and you could be compromising the learning environment of the entire student body.

The case of Wallace v. Jaffree calls into question the constitutionality of an Alabama statute that authorized teachers to lead a one-minute period of silence for “meditation or voluntary” prayer in all public schools. Ishmael Jaffree, the parent of three students in the Mobile County Public School system filed a complaint that two of his three children had been “subjected to various acts of religious indoctrination,” as a result of Alabama statute 16-1-20.1 and asked for an injunction prohibiting Mobile County schools from “maintaining or allowing the maintenance of regular religious prayer services.” The purpose of Jaffree’s complaint was to prohibit the devotional services occurring in his children’s school and the consequent mockery of his children that occurred when they refused to recite the prayers to “Almighty God” (Stevens, 40). This type of law in Alabama public schools was not the first of its kind. Prior to statute 6-11-20.1, Alabama passed law 16-1-20 authorizing one minute of silence in public schools for meditation. After the authorization of statute 16-1-20.1 came 16-1-20.2, which allowed teachers to lead “willing students” in a prayer (Stevens, 40).

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

Advocates for incorporating request to God in school have contended for quite a while that banning the act of supplication to God in school is a barefaced infringement of religious opportunity as characterized in the Free Exercise Clause. By permitting supplication to God in

Many people today have their own personal beliefs. In a school setting, there have been many controversial situations that have been brought to court to help resolve individual rights. As National Coalition Against Censorship (2017) stated, the First Amendment guarantees of religious liberty include the freedom to believe or not to believe, to observe one’s faith openly without government interference, Freedom of speech encompasses religious as well as secular speech, but the Establishment Clause is where Thomas Jefferson described it as “a wall of separation between church and state”, because it has important implications for religious speech and observance in public schools” (Retrieved from http://ncac.org/resource/the-first-amendment-in-schools-resource-guide-religious-expression-in-the-public-schools). For this paper, legal issues regarding grading of assignment, appropriate of displaying student’s work, application of First Amendment to scenario, and conclusion will be discussed.

Freedom of speech is more than just words, it is posters, petitions, rallies, protests, and more. This lets opinions be shared and spread to make a difference in the world. The problem is that in schools there is a limit on the amount of freedom of speech students can have. How are students supposed to feel like they have a voice when they are being told that they can only speak of certain topics? By what means could student be educated on their rights like the First Amendment if they cannot have full access to that right at all times? Students are brought together by freedom of speech, schools should not be stopping that. It is essential that freedom of speech in schools should not be limited because it gives students a voice, it educates them on their rights, and it brings students together.

Prayer plays such a big role in many people’s lives. It happens each and every day and multiple times throughout the day. Even though it can play a huge role in someone’s life, it cannot be practiced in schools. Prayer in school has been a very controversial topic for many years. According to Steven K. Green, “On June 25, 1962, the United States Supreme Court decided in Engel v. Vitale that a prayer approved by the New York Board of Regents for use in schools violated the First Amendment by constituting an establishment of religion (Green 1).” It has since then been taken out of school preventing teachers to preach or teach about religion.

These uncertain areas include (a) whether schools endorsing religious views if they allow student-initiated activities to involve school resources and audiences, (b) the lengths to which schools can and should go to in accommodating religious beliefs and practices, and (c) how schools can make certain that accommodations do not become endorsements nor imply such (Warnick, 2012).