First Amendment Rights in Schools: Protecting Student Religious Expression
Introduction
The First Amendment posits the freedom of expression, speech, and religion for every American citizen. Government bodies are obliged by law to respect religious diversity as clearly outlined in 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…” (Krotoszynski et al., 2022).
Religious Expression and the First Amendment in Education
Likewise, the First Amendment applies in educational institutions, allowing teachers and students to express their religious beliefs without disrupting public order and peace. In accordance with this constitutional right, anyone can express their religious principles and ideals. In this view, Herbstrith et al. (2020) contended that learners can express their religious perspective on assigned tasks, either written or oral, without bias based on the content of their work. A student submitted an essay on Jesus and a drawing of the Last Supper, which raised some issues. The First Amendment protects students’ religious expression and frees them from infringement on the rights and freedoms of others.
The Lemon v. Kurtzman Case and the Establishment Clause
Public schools strive to guarantee religious liberty by ensuring that the faculty neither promotes specific religious dialogues nor interferes with their free expression. Following the case of Lemon v. Kurtzman, the Court sought to consider whether a Pennsylvania law violated the Establishment Clause of the First Amendment for reimbursing religious schools (Russo & Thro, 2022).
Application of the Three-Pronged Test to Student Expression
A three-pronged test was established for the constitutionality of a statute, which requires it to have a secular purpose, neither inhibit nor advance religion, and fail to foster excessive religious entanglement. Pursuant to this, the Court established that the Pennsylvania law overstepped the Establishment Clause due to excessive entanglement between the government and religion (403 US 602). Considering the three-hour-long test, failure to display the student’s work due to religious bias would break the Establishment Clause of the First Amendment.
The student’s work with Jesus and an illustration of the Last Supper does not have a primary effect of inhibiting or advancing religious message and is free from excessive religious entanglement. Creating an exclusive forum that fails to accommodate Christian or other religious perspectives would imply excluding sure students because of the content of their work.
Lynch v. Donnelly and the Constitutional Protection of Religious Displays
Likewise, the Court applied the three-pronged test in Lynch v. Donnelly to determine whether Pawtucket had violated the First Amendment by including a nativity scene in a public park. The Court held that “notwithstanding the religious significance of the creche, the city of Pawtucket has not violated the Establishment Clause of the First Amendment” (465 US 668). The nativity scene aimed at celebrating the origins of a national holiday, which passed the three-pronged test (465 US 668). Displaying the student’s work is constitutionally indistinguishable from accepting other religious perspectives.
Conclusion
In summary, the Constitution allows everyone to express themselves freely on matters without infringing on other people’s rights. The First Amendment further applies in public schools, giving students, teachers, and administrators the right and freedom of religion. For this reason, the essay about Jesus and the Last Supper was under no violation of the law. The student incorporated their spiritual perspective into their work to reinforce their idea.
Teachers should allow students to share their religious perspectives on various subjects without bias and grade them accordingly. The primary goal of educators is to promote individuality and academic excellence. An open learning environment that celebrates religious diversity encourages individuality. Allowing students to express themselves freely without fear of prejudice encourages creativity and fosters a sense of awareness and empowerment.
References
Herbstrith, J. C., Kuperus, S., Dingle, K., & Roth, Z. C. (2020). Religion in the public schools: An examination of school personnel knowledge of the law and attitudes toward religious expression. Research in Education, 106(1), 77-97. Web.
Krotoszynski, R. J., Lidsky, L. C. B., Corbin, C. M., & Zick, T. (2022). The First Amendment: Cases and Theory. Aspen Publishing.
Lemon v. Kurtzman, 403 U.S. 602 (1971). Web.
Lynch v. Donnelly, 465 U.S. 668 (1984). Web.
Russo, C. J., & Thro, W. E. (2022). Lemon v. Kurtzman at 50: From a wall of separation to a chain link fence?. U. Dayton L. Rev., 47, 453. Web.