Gisselle Zepeda Mr. Lievre American Government Credit 5 Board of Education of Westside Community Schools Versus Mergens The Equal Access Act upheld by the Supreme Court in Board of Education v. Mergens, 1990, requires public secondary schools to allow access to religiously based student groups on the same basis as other student clubs. The school administration denied a group of students their right to create a Christian after school club. The students intended for their club to have just the same privileges and club meetings as all other after school clubs. The schools excuse being that it lacked faculty support which led to the school and district being sued by the students. “The students alleged that Westside 's refusal violated the Equal Access Act, which requires that schools in receipt of federal funds provide "equal access" to student groups seeking to express "religious, political, philosophical, or other content" messages” (Board of Education of Westside Community Schools v. Mergens by and Through Mergens).
The First Amendment (Amendment I) to the United States Constitution prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering with the right to peaceably assemble or prohibiting the petitioning for a governmental redress of grievances. What the First Amendment allows American citizens is the freedom to practice their religion, freedom of speech, freedom of the press, freedom of assembly, and the freedom of the right to petition. America does not have a state-wide, announced religion but the early colonists were mainly protestant, therefore, Christianity continued through each generation until now. Christian practices are accepted as the norm in the United States whether
The Supreme Court specifically held that the Eighth Amendment is inapplicable to discipline imposed in the schools.” “The prisoner and the school child stand in wholly different circumstances, separated by the harsh facts of criminal conviction and incarceration.... The school-child has little need for the protection of the Eighth Amendment.” (“DICKENS BY DICKENS v. JOHNSON COUNTY BD. OF EDUC. (n.d.)”) 4. Holding: The ruling of the
As we all know today’s school are a lot different than those in the 1960’s. During the 1960’s is was tradition to open each and every day with a nondenominational prayer, along with the Pledge of Allegiance. Today, prayer is accepted in schools as long as it is led by the student themselves, and not the teacher. In 1962 the case of Engel vs. Vitale went to the Supreme Court based off the idea of whether school sponsored prayer violates the First Amendment Establishment Clause. At this time there was a general law in New York State that required every school within the state to open each day with the Pledge of Allegiance, and a prayer that did not restrict denomination.
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. — The First Amendment to the U.S. Constitution According to the statement above and research, the First Amendment was written to protect freedom of speech, press, religion, assembly and petition. Religious minorities can be persecuted, protesters and media can be silenced, the press cannot criticize government, and citizens cannot mobilize for social change without the First Amendment. After explaining importance of First Amendment, I will explain how we can apply it to student newspapers. Is it constitutional for school officials to censor a school-sponsored publication, such as a newspaper or a yearbook?
Speaking of the First Amendment, we should all remember what the actual documentation says: "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." Based on the first amendment, there is no "Hate Speech" to it as seen in some Colleges. College students defined Hate Speech as "ideas and opinions that run afoul of progressive pieties" (Davidson). Basically, whatever that is against the Liberal point of view is viewed as hate speech; however, such a thing as "Hate Speech" does not exist; there are only different opinions and point of views.
Four other students were suspended, including her brother John Tinker and Chris Eckhardt. The students were told they could not return to school until they agreed to remove their armbands (ACLU). With their parents, they sued the school for violating their first amendment. When many kids get into high school/middle school, they realize their amendments and what freedoms they have. Mary Tinker decided to express hers.
In 1974, Non-English speaking Chinese students filed a class action suit against the San Francisco Unified School District and Alan H. Nichols. The students stated that they were immersed in all-English classes with no accommodations or resources that enabled them to become proficient in English. The Supreme Court concluded that not providing instructional support or materials for non-English students is unacceptable. Moreover, the school district was not complying with Title VI of the 1964 Civil Rights Act, which prohibits institutions who are receiving federal aid to discriminate a person’s characteristics such as color, race, or national origin. Furthermore, the court acknowledged the importance of accommodating the linguistic needs of
The school board did violate the Establishment Clause by requiring their impressionable student council members to attend biased school-sponsored board meetings that begun with Christian prayer. The overarching rule of the Establishment Clause states that, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” Marsh v. Chambers, 463 U.S. 783, 790, S.Ct. 330,77 L.Ed.2d 1019 (1983). This clause intends to keep the church and the state separate of each other. Id at 802.
THE FIRST AMENDMENT Name Course Date THE FIRST AMENDMENT Introduction The first amendment was adopted back in December of 1791 primarily to relieve the opposition of constitutional ratification by the anti-federalists of the time. The first amendment states that "The Congress shall not make a law respecting an establishment of religion, or prohibiting the exercise thereof; or abridging 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." Breaking the first amendment down, there is the freedom of religion, the freedom of speech, freedom of the press, freedom of assembly and also the right of the citizens to petition about a particular
“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, Bill of Rights James Madison, the author of the Bill of Rights, granted every American citizen the rights to freedom of religion, speech, press, assembly, and petition through the First Amendment. Perhaps the most controversial of these freedoms throughout history is the freedom of religion. The strength of the First Amendment was tested in the landmark case of Engel v. Vitale in which ten students spoke out against
Kitzmiller v. Dover brought up a global attention. The case rose in 2004, when the Dover Area District High School Board tried to add religion to a science class by masking it under scientific gear of adisclaimer promoting the “Intelligent Design”, and it was supposed to be a mandatory part of the school’s biology class curriculum. High School students’ parents sued the school to ban the Intelligent Design from biology curriculum. The trial took six weeks. Judge Jones made his decision by ruling out the Intelligent Design from being considered as science, and by stating that the Board’s disclaimer was violating the First Amendment and the PA Constitution.
A divided New York Appellate Division affirmed on the ground that the statute was unconstitutional because it has the primary effect of advancing religion (Mercer Law Review, n.d). As the First Amendment of the U. S. Constitution states, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” In this case the state of New York Legislature violated the Constitution. Therefore, the holding for this case by Justice Souter signifies that Chapter 748 violated the Establishment Clause. Souter held that the state law departed from the constitutional mandate of neutrality toward religion by delegating the state’s discretionary authority over public schools and that a state may not delegate its civic authority to a group chosen according to religious criteria (Osborne, n.d). The statute was also seen as impermissible as an advancement of religious
The Establishment Clause Thomas Jefferson stated that by passing the First Amendment, Americans had “declared that their legislature should ‘make no law respecting an establishment of religion.” Religion in Public Life Government officials take their oaths of office in the name of God, nation’s coins have carried the motto “In God We Trust”, Pledge of Allegiance includes the phrase “one nation under God”, and public meeting open with prayers. Everson v. Board of Education 1947 case involved a challenge to a New Jersey law allowing the state to pay for busing student to parochial school. County determined that the law benefited students rather than aiding a religion directly. State Aid to Parochial School In Board of Education v. Allen the court upheld state programs that provide secular, or nonreligious textbooks to parochial schools. Court has used a three-part test to decide whether such aid violate the establishment clause.
Alleged communist spies were called forth to give a testimony before a Senate subcommittees. These hearings started to create court dramas that filled the media. Some states created groups that encouraged patriotism to encourage the U.S soldiers fighting against communism in Korea and had began challenging the separation of church and state. Engle v. Vitale was a landmark Supreme Court case because it showed how religion could not be enforced in schools and how 1st Amendment rights could not be taken away. In 1951 the New York board of education approved a prayer that was recited every morning in New York’s public schools.