Part II. Core Issues for All Schools to Considerby Charles C. Haynes, Sam Chaltain, John E. Ferguson Jr., David L. Hudson Jr. and Oliver Thomas. The restrictions on student speech lasted into the 2.

In 1. 90. 8, for example, the Wisconsin Supreme Court ruled that school officials could suspend two students for writing a poem ridiculing their teachers that was published in a local newspaper. The Wisconsin court reasoned, “such power is essential to the preservation of order, decency, decorum, and good government in the public schools.” And in 1. California Court of Appeals ruled that school officials could suspend a student for criticizing and “slamming” school officials in a student assembly speech. In fact, despite the passage of the 1. Amendment in 1. 86.

Supreme Court case of Gitlow v. New York, that the Supreme Court held that the freedom of speech guaranteed by the First Amendment is one of the “liberties” incorporated by the Due Process Clause of the 1. Amendment. In subsequent cases, the Court has applied all of the freedoms of the First Amendment to the states—and thus to public schools—through the 1. Amendment. But not until 1.

West Virginia v. Barnette,3. U. S. Supreme Court explicitly extend First Amendment protection to students attending public schools. The Barnette case began when several students who were Jehovah's Witnesses refused to salute the flag for religious reasons. School officials punished the students and their parents. The students then sued, claiming a violation of their First Amendment rights. At the time that the students sued, Supreme Court precedent painted a bleak picture for their chances. Just a few years earlier, the Court had ruled in favor of a similar compulsory flag- salute law in Minersville School District v.

Gobitis. 4. As the Court stated in that ruling, “national unity is the basis of national security.”However, the high court reversed itself in Barnette, holding that the free speech and free exercise of religion provisions of the First Amendment guarantee the right of students to be excused from the flag salute on grounds of conscience. Writing for the majority, Justice Robert Jackson said that the Supreme Court must ensure “scrupulous protection of constitutional freedoms of the individual, if we are not to strangle the free mind at its source and teach youth to discount important principles of our government as mere platitudes.”5. The Court then warned of the dangers of coercion by government in oft- cited, eloquent language.

Here are the latest articles published on Tom’s Hardware. See the latest news, reviews and roundups and access our tech archives. Buy Dell Inspiron 15.6" Full HD Gaming Laptop (7th Gen Intel Quad Core i5-7300HQ, 8 GB RAM, 256GB SSD, NVIDIA GeForce GTX 1050) (i5577-5335BLK-PUS) Metal Chassis. First Amendment in Schools. by Charles C. Haynes, Sam Chaltain, John E. Ferguson Jr., David L. Hudson Jr. and Oliver Thomas. Table of Contents. Chapter 1. Learn why the Common Core is important for your child. What parents should know; Myths vs. facts.

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If there is any fixed star in our Constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion or force citizens to confess by word or act their faith therein. Religious Liberty: The Establishment Clause.

The First Amendment says that the government may not “establish” religion. What does that mean in a public school? The meaning of the Establishment Clause, often referred to as the “separation of church and state,” has been much debated throughout our history.

Does it require, as described in Thomas Jefferson's famous 1. Danbury Baptists, a high “wall of separation”? Or may government support religion as long as no one religion is favored over others? Watch Teacher Of The Year HIGH Quality Definitons. How can school officials determine when they are violating the Establishment Clause? In the last several decades, the Supreme Court has crafted several tests to determine when state action becomes “establishment” of religion. No one test is currently favored by a majority of the Court.

Nevertheless, no matter what test is used, it is fair to say that the Court has been stricter about applying the Establishment Clause in public schools than in other government settings. For example, the Court has upheld legislative prayer, but struck down teacher- led prayer in public schools. The Court applies the Establishment Clause more rigorously in public schools, mostly for two reasons: (1) students are impressionable young people, and (2) they are a “captive audience” required by the state to attend school.

When applying the Establishment Clause to public schools, the Court often emphasizes the importance of “neutrality” by school officials toward religion. This means that public schools may neither inculcate nor inhibit religion. They also may not prefer one religion over another—or religion over nonreligion. If school officials are supposed to be “neutral” toward religion under the Establishment Clause, does that mean they should keep religion out of public schools? No. By “neutrality” the Supreme Court does not mean hostility to religion. Nor does it mean ignoring religion.

Neutrality means protecting the religious liberty rights of all students while simultaneously rejecting school endorsement or promotion of religion. In 1. 99. 5, 2. 4 major religious and educational organizations defined religious liberty in public schools this way. Public schools may not inculcate nor inhibit religion. They must be places where religion and religious conviction are treated with fairness and respect. Public schools uphold the First Amendment when they protect the religious liberty rights of students of all faiths or none. Schools demonstrate fairness when they ensure that the curriculum includes study about religion as an important part of a complete education.

Does the Establishment Clause apply to students in a public school? The Establishment Clause speaks to what government may or may not do. It does not apply to the private speech of students.

School officials should keep in mind the distinction between government (in this case “school”) speech endorsing religion—which the Establishment Clause prohibits—and private (in this case “student”) speech endorsing religion, which the free speech and free exercise clauses protect. Student religious expression may, however, raise Establishment Clause concerns when such expression takes place before a captive audience in a classroom or at a school- sponsored event. Students have the right to pray alone or in groups or to discuss their faith with classmates, as long as they aren't disruptive or coercive. And they may express their religious views in class assignments or discussions, as long as it is relevant to the subject under consideration and meets the requirements of the assignment.

But students don't have a right to force a captive audience to participate in religious exercises. It isn't entirely clear under current law where teachers and administrators may draw a line limiting student religious expression before a captive audience in a classroom or school- sponsored event.

In several recent cases, lower courts have deferred to the judgment of educators about when to limit the religious expression of students in a classroom or school setting. A general guide might be to allow students to express their religious views in a classroom or at a school event as long as they don't ask the audience to participate in a religious activity, use the opportunity to deliver a proselytizing sermon, or give the impression that their views are supported by or endorsed by the school. How can school officials tell when a planned school action or activity might violate the Establishment Clause? Here are some questions that teachers and administrators should ask themselves when planning activities that may involve religious content (e.

December). Do I have a distinct educational or civic purpose in mind? If so, what is it? It may not be the purpose of the public school to promote or denigrate religion.)Have I done what I can to ensure that this activity is not designed in any way to either promote or inhibit religion?

Does this activity serve the educational mission of the school or the academic goals of the course? Have I done what I can to ensure that no student or parent may be made to feel like an outsider, and not a full member of the community, by this activity? If I am teaching about religion, am I balanced, accurate, and academic in my approach?