Posted: September 19th, 2023

First Amendment: Religion and Education

First Amendment: Religion and Education

Paper instructions:
You have a standard practice of displaying all student work in your classroom. Recently, you assigned students to write any essay and submit a pictorial depiction on the person they considered to be their hero. One of your students submitted an essay on Jesus and a drawing of the Last Supper.

Write a 500-750-word essay in which you discuss:

Any legal issues regarding the grading of your student’s essay and whether you could display the student’s work.
How does the First Amendment apply to this situation?
Include at least five references in your essay. At least three of the five references should cite U.S. Supreme Court cases.

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First Amendment: Religion and Education
The First Amendment of the United States Constitution protects freedom of religion and separation of church and state. When issues involving religion arise in public schools, it is important to consider how the First Amendment applies. In the situation described, there are a few key legal and constitutional factors to examine.
Displaying a student’s work is a form of government speech, since public schools are government institutions (Santa Fe Independent School District v. Doe, 2000). However, the First Amendment also protects students’ right to free expression. If a student’s work is censored solely due to its religious content, that could be seen as viewpoint discrimination, which is unconstitutional (Rosenberger v. Rector and Visitors of University of Virginia, 1995). At the same time, a school displaying certain religious content could be perceived as the government endorsing religion, which would also violate the Establishment Clause of the First Amendment (Lemon v. Kurtzman, 1971).
Determining whether displaying this particular student’s essay and drawing would be legally permissible involves considering these competing interests. Some relevant factors include whether the school has an established policy of displaying all student work without reviewing content, and whether similar religious or political expressions by students have been allowed in the past (Westside Community Board of Education v. Mergens, 1990). The age and grade level of the student could also affect the analysis, as younger students may perceive school endorsement of religious messages more than older students (Lee v. Weisman, 1992).
Overall, there is no definitive legal answer, as these types of issues are very fact-specific. A reasonable approach for the teacher would be to discuss their concerns about perceived endorsement with the student and their parents, while also considering input from legal counsel to ensure compliance with the First Amendment (Downs v. Los Angeles Unified School District, 2000). The goal should be inclusive treatment of all students and perspectives, while maintaining neutrality on religious matters.
Works Cited
Downs v. Los Angeles Unified School District, 228 F.3d 1003 (9th Cir. 2000).
Lee v. Weisman, 505 U.S. 577 (1992).
Lemon v. Kurtzman, 403 U.S. 602 (1971).
Rosenberger v. Rector and Visitors of University of Virginia, 515 U.S. 819 (1995).
Santa Fe Independent School District v. Doe, 530 U.S. 290 (2000).
Westside Community Board of Education v. Mergens, 496 U.S. 226 (1990).

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