The Importance Of The First Amendment 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.

The question of whether or not religion should be taught in public schools has been an ongoing debate among parents and teachers for decades. In the article “Religion and Education: The Pitfalls of Engaging a Complex Issue” Martin E. Marty and Jonathan Moore express their views on the matter. They express that religion in public schools could potentially bring conflict to families. They also support the other scenario that religion classes would inform students of the different beliefs of the people they will meet throughout their lives. Religion in the public school system is still an ongoing debate, one that needs to be resolved. The children that will be affected by the outcome of this debate are the future leaders of America, therefore, we should not take this decision lightly. Children everywhere and in all schools need to be taught about different religions so they can make a firm stand for what they believe in.

Regardless of how the phrase and the autonomy of the First Amendment is challenged, religion and the need to maintain separation of church and state has been a great contest of the United States legal systems. The court system typically will remove itself from decisions within the higher education institution and leave such decisions to the administrators themselves to make the best decision for the organization, unless those topics in question legitimately violate a federal statute or clause related to the Constitution directly (McFarlane, 2012). Therefore, we will examine the application of the First Amendment within higher education.

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

Recently, students were instructed to write an essay along with a pictorial representation of the person they considered to be their hero. Since one student chose Jesus as his hero and submitted a drawing of the Last Supper, possible legal complications need to be considered before grading and displaying the assignment. An examination of First Amendment legal issues that arise when a student submits an assignment of religious nature will provide insight into how the First Amendment applies in the classroom.

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).

Freedom of Religion means that the government can’t force you to accept only one set of religious beliefs or the way you worship. You can worship your own way and have your own religious beliefs as long as they don’t violate other people's rights. Today this is a very big debate when it comes to prayer and schools. Several cases have been brought to the Supreme Court about this and whether students have the right to pray in class or if the prayer would interfere with another student’s rights.

In the first amendment, it is stated that “Congress shall make no law respecting an establishment of religion or prohibiting the exercise thereof.”. From this, it made clear that the founding fathers’ original intent was for the Government to take a neutral position with respect to religion; the Government was not to favor any one religion over another. “Almighty God we acknowledge our independence upon Thee, and we beg Thy blessings upon us, our parent, our teachers and our Country. Amen.” In 1951, that prayer was conducted in class every morning in all New York public schools as ordered by New York State Board of Regents; it was called a “nondenominational prayer”. The short prayer was created with the intent of developing students’ moral

A very popular constitutional issue in America is the First Amendment. The First Amendment is meant to protect, but in today’s society it is being questioned that the argument is being overly used. The First Amendment of the United States Constitution protects the right to freedom of religion and freedom of expression from government interference (Esmaili). Freedom of religion created the separation of church and state. It prohibits the government from interfering with a person's practice of their religion. The right to freedom of speech allows individuals to express themselves without government interference or regulation. The right of freedom of expression gives the right to assemble and gather for peaceful and lawful purposes. It was adopted into the Bill of Rights in 1791. The Court later interpreted the Due Process Clause of the Fourteenth Amendment as protecting the rights in the First Amendment from interference by state governments. Putting this is layman’s term, you can pretty much say what you want without being penalized.

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.

A troubling issue for schools now is how to deal with the issue of homosexuality. The struggle for gay rights often causes heated opposition, particularly on moral grounds from members of religious groups. (Essex, 2005, p. 43) Schools have an obligation to maintain a peaceful environment free of significant disruption, while supporting students' rights of free speech. Schools should ". . . create an environment that is characterized by respect for individual views and divergent forms of expression within reasonable limits. The challenge seems to involve achieving a reasonable balance between an orderly educational environment and respect for the free speech rights of students. Precisely, where do they draw the line?" (Essex, 2005, p. 44)

The first amendment is the most important part of the Constitution because it has been the most exercised right by U.S citizens. First amendment states “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.” Meaning, as citizens, the Constitution protects our freedom of religion, speech, press, assembly and petition the government. This amendment is a good reflection of what America represents, equality for all.

The subject of student rights has caused a lot of confusion and anger for decades now. There are two different sides that everyone seems to fall into. Some people want the constitutional rights of students to be fully protected within the school. The other side believes that, as a public institution, schools should regulate what is said or done by students to protect everyone involved. This is where it gets confusing, because it is hard to draw the line between what is allowed or not. The three most interesting topics that I chose to cover are a student’s right to free speech, religion within the school and student privacy.

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.