The First Amendment in Schools with Charles Haynes and Oliver Thomas

The First Amendment “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.” First Amendment U.S. Constitution

“Jefferson is one of the finest philosophers alive. I don’t understand why he says what he says about black folk. Here is the argument. I need to out- Jefferson Jefferson on the racial question.” David Walker

RIGHTS – Inalienable RIGHTS – Inalienable RESPONSIBILITIES – Mutual RESPONSIBILITIES – Mutual RESPECT – How we debate, not only what we debate, is critical RESPECT – How we debate, not only what we debate, is critical

The Lemon Test Does the law, or other government action, have a bona fide secular or civic purpose? Does the law, or other government action, have a bona fide secular or civic purpose? Does the Primary effect neither advance nor inhibit religion? In other words, is it neutral? Does the Primary effect neither advance nor inhibit religion? In other words, is it neutral? Does the law avoid excessive governmental entanglement with religion? Does the law avoid excessive governmental entanglement with religion?

The Endorsement Test Justice O’Connor has suggested that a government action is invalid if it creates a perception that the government is endorsing or disapproving a religion. The fundamental concern is whether the challenged governmental activity conveys, in Justice O’Connor’s words, “a message to non adherents that they are outsiders, not full members of the political community, and an accompanying message to adherents that they are insiders, favored members of the political community.”

The Coercion Test In the 1989 case County of Allegheny v. ACLU, Justice Kennedy proposed a test with two limiting principles: “government may not coerce anyone to support or participate in any religion or its exercise; and it may not, in the guise of avoiding hostility or callous indifference, give direct benefits to religion in such a degree that it in fact ‘establishes a [state] religious faith, or tends to do so.’ Lynch v. Donnelly.”

Neutrality

Fairness

The Sherbert Test Sincere religious belief Sincere religious belief Substantial burden Substantial burden Compelling state interest Compelling state interest Least restrictive alternative Least restrictive alternative

The Tinker Standard Tinker v. Des Moines Independent School Dist. (1969) Student speech cannot be censored as long as it does not “materially disrupt classwork or involve substantial disorder or invasion of the rights of others.”

The Fraser Standard Bethel School District No. 403 v. Fraser (1986) Because school officials have an “interest in teaching students the boundaries of socially appropriate behavior,” they can censor student speech that is vulgar or indecent, even if it does not cause a “material or substantial disruption.”

Hazelwood Standard Hazelwood School Dist. V. Kuhlmeier (1988) Censorship of school- sponsored student expression is permissible when school officials can show that it is “reasonably related to legitimate pedagogical concerns.”

CASE STUDY ONE May a school theatre department stage a production of Jesus Christ Superstar?

CASE STUDY TWO May a school punish a student for wearing Confederate flag attire to class?

CASE STUDY THREE May a teacher simulate a seder feast as a teaching tool?

CASE STUDY FOUR Can a school place limits on a student’s private website?

Which one is a problem site? Sites that are offensive, obnoxious, and insulting Sites that are offensive, obnoxious, and insulting Sites that are offensive, obnoxious, insulting, and also contain some sort of veiled threat of violence or of destruction of property Sites that are offensive, obnoxious, insulting, and also contain some sort of veiled threat of violence or of destruction of property Sites that contain a blatant threat Sites that contain a blatant threat