The First Amendment

1
The First Amendment

• Educational Administration
• EDUC 509

2
Bill of Rights and the 14th Amendment

• The Bill of Rights (Amendments 1-10)
• Provides for and guarantees and protects the
  rights of U.S. citizens.
• Author was Madison
• Among these rights is the guaranteed separation
  of church and state
• Guarantees include right to establish and
  participate freely in religions of choice
• 14th Amendment guarantees, among other things,
  the above rights to citizens in all states

3
Federal Constitution Cont

• First Amendment
• Free Speech
• Congress shall make no law respecting an
  establishment of religion, or prohibiting the
  free exercise thereof, or abridging freedom of
  speech, the press or the right to assemble and
  petition to government
• Establishment-Prohibits states from passing laws
  that aid or hinder one or all religions or show
  preference to one religion over another
• Free Exercise prohibits the state from
  interfering with individual religious freedoms
• Principle of neutrality State can neither aid
  or inhibit religion

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Public Schools and Religion

• Excessive Entanglement
• Examination of the character and purposes of the
  institutions which are benefited
• The nature of the aid provided
• The resulting relationship between the
  governmental and and religious authority
• Clarifying glance at vocabulary
• Secular public
• Nonsectarian nonreligious
• Nonsecular - non public
• Sectarian Religious

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• Schools can not show favor to one or all
  religions

• Schools can not infringe upon the free exercise
  rights of students

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1st Amendment Questions for Principals

• Can a school sponsored prayer be allowed in a
  public school if it has been allowed in the past?
• If students are excused from room can prayers be
  said?
• Can a widely accepted Bible Passage be read
  before class?
• Is a one minute period of silence for meditation
  or voluntary prayer okay?
• Can Santa Claus come to town (school)
• O Christmas tree, Oh Christmas tree, Can you be
  in the school lobby?
• Joy and merriment? In non sectarian manner?
• Can a Crucifix be in the class room?
• Can Students Lead Prayers at public Events?
• Ballgame P.A. or Graduation P.A.?
• Invocations by different religious leader at
  graduation each year?

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1st Amendment Questions for Principals

• If the Pledge of Allegiance is said at school
  each morning must students and teachers
  participate?
• Can the Legislature say a prayer before a session
  of law-making?
• Can a Catholic school use a public school
  facility for an dance. What about a Jewish
  School?
• Can a public school teacher teach a math class at
  a local parochial school if the parochial school
  is in dire need of a math teacher and without the
  public schools help the parochial student will
  go without math instruction?
• Can local parochial students attend math class at
  a local public school?
• Can a parochial school student demand
  transportation to and from school on public
  school buses?
• Can a public school legally provide supplies to a
  parochial school?
• Can a public school provide diagnostic services
  in the areas of speech and physical therapy in a
  local public school?
• Can a public school speech teacher provide speech
  therapy in a Parochial school?
• Can a student say a prayer while he/she is
  speaking at graduation?
• Can ISBE provide textbooks for public and private
  schools?
• Can ISBE provide art supplies for private
  schools?
• Can a local private school demand a portion of a
  local public schools Title I money? What about
  GSA?

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State Support of Private Schools
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Religion

• The Oregon Case
• Oregon required public school attendance for all
  children between 8-16 who had not completed 8th
  grade
• A Catholic school and secular military school
  filed for an injunction
• The Supreme Court ruled that the law would
  seriously impair or destroy the profitability of
  the schools and their property
• Constitutional or Unconstitutional?
• Establishment or Free Exercise?
• Why?

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Textbooks for Parochial Schools

• In 1930 Louisiana provided free textbooks to all
  children regardless of the school they attended.
• Law was challenged because tax dollars were used
  for nonpublic purpose.
• Supreme court affirmed Louisiana court because
  children were the direct beneficiaries of the
  texts not parochial schools.
• Child Benefit Doctrine - Books were for kids
  and not for religious instruction. The same
  books were available for all students. None were
  religion oriented or promoted religion
• Children benefited not school
• Establishment or Free Exercise?
• Constitutional or unconstitutional?

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Textbooks for Parochial SchoolsCentral School
District v. Allen 1968

• New York statute requires public school to lend
  textbooks to private schools grade 7-12
• Appellant, the B.O.E., filed suit.
• The County Boards included line items in their
  budgets for private school textbooks.
• Students throughout the district were required to
  use certain books for certain courses according
  to the graduation requirements
• The B.O.E. pointed out that the major difference
  between this case and Everson was that free
  transportation money benefited the kids and the
  buses they rode, but free textbook money was
  critical to the teaching process, and the
  sectarian schoolwas primarily concerned with
  teaching religion
  
  
  
  
  
  
  
  

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Textbooks for Parochial SchoolsCentral School
District v. Allen 1968

• The court indicated that not all teaching in the
  private schools was related to teaching religion
• The court held
• The statute merely made availble the benefit of
  the program to lend school books to children free
  of charge
• Books while used by students, remained property
  of State
• Financial benefit was to the children and their
  parents, not to the sectarian schools
• Only secular books were available
• There was no assertation by the plaintiff
  concerning the coercion of their children in the
  practice of religion
• Holding
• Constitutional or Unconstitutional
• Establishment and/or free exercise

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Parochial Aid from Public Schools

• Primary effect test
• Must have secular purpose
• And does not foster an excessive entanglement
  with religion

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Voluntary Religious Instruction(McCollum v.
B.O.E. Champaign)

• Multiple different Faiths asked the B.O.E. to
  allow time during the school day for religious
  instruction in the public school.
• Student not in religion were sent to other
  classes
• Participation was optional but attendance was
  taken
• Congress shall make no law respecting an
  establishment of one or all religions, or
  prohibiting the free exercise thereof.
• Establishment or Free Exercise
• Constitutional or unconstitutional
• Note No tax can be levied to support religion

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Zorach v ClausenRelease time for Religious
Instruction

• Statute New York students may leave school for
  religious instruction if parents give written
  permission
• Those not released stay in class rooms
• Program does not spend tax money nor does it use
  public buildings.
• Facts show school officials are neutral regarding
  participation
• Court indicates the practice may be educationally
  unwise

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Released Time for Religious Instruction (Zorach
V. Clausen)

• Name and jurisdiction
• Facts
• Issue
• Finding
• Court rationale
• Implications for schools

17
Abington v. SchempBible and Lords Prayer in
Public Schools

• Name and jurisdiction
• Facts
• Issue
• Finding
• Court rationale
• Implications for schools

18
Meek Appellant v. Pittenger et. Al(1975) U.S.
Supreme CourtLoans for material and equipment

• Name and jurisdiction
• Facts
• Issue
• Finding
• Court rationale
• Implications for schools

19
Lemon v. Kurtzman U.S. Supreme Ct. 1977 Salary
Supplements and Purchased Services

• Salary Supplements and Purchased Services
• The Lemon Test
• Test of Public School Involvement in Religious
  matters
• ______________________________
• ______________________________
• ______________________________

20
Lemon v. Kurtzman U.S. Supreme Ct. 1977 Salary
Supplements and Purchased Services

• Name and jurisdiction
• Facts
• Issue
• Finding
• Court rationale
• Implications for schools

21
Wolman V. Walters U.S. Supreme Ct. 1977 Services
to Parochial Schools

• Services to Parochial School Students
• Textbooks?
• Diagnostic Services?
• Testing and Scoring?
• Therapuetic Services?
• Instructional?
• Food for lunches?
• Materials and Equipment?
• Field Trips?

22
Wolman V. Walters U.S. Supreme Ct. 1977

• Name and jurisdiction
• Facts
• Issue
• Finding
• Court rationale
• Implications for schools

23
Grand Rapids V. Ball 1985U.S. Supreme Court -
Shared Time Program

• Name and jurisdiction
• Facts
• Issue
• Finding
• Court rationale
• Implications for schools

24
Aguilar v. Felton U.S. Supreme CourtFed Funds
for Educationally Deprived 1985

• Name and jurisdiction
• Facts
• Issue
• Finding
• Court rationale
• Implications for schools

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Prayer in School

• School Sponsored Prayer is not allowed in Public
  Schools.
• Establishment Clause Problem
• When students are involved,
• Most Often Free Exercise

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• Schools can not show favor to one or all
  religions

• Schools can not infringe upon the free exercise
  rights of students

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Engle v. Vitale (1962) Teacher led prayer before
school starts

• Name and jurisdiction
• Facts New York Board of Regents required read
  school sponsored, nondenominational voluntary
  prayer before school. Students who did not want
  to say the prayer were excused.
• Prayer
• Almighty God, we acknowledge our dependence upon
  thee and we beg thy blessing upon us, our
  parents, our teachers and our country
• Issue - Is the recital of a school sponsored
  state authored prayer a violation of the
  establishment clauses or Free Exercise of the
  U.S. Constitution?
• Finding for Plaintiff. Yes, it is a violation.
• Court rationale
• In this country, business nor government have no
  part in composing prayers for any group of
  Americans to recite as a program of the
  government There is no secular purpose and
  excessive entanglement readily occurs.

28
Abington School District v. Schempp (1963)

• Name and jurisdiction U.S. Supreme Court
• Facts Pennsylvania statue required the reading
  of 10 bible versus per day. Teachers nor student
  were allowed to comment.
• Issue Are religious practices, such as reading
  bible versus, during school a relatively minor
  encroachment on the First Amendment and
  therefore should not be considered an
  establishment clause violation?
• Finding Violation of the establishment clause
• Court rationale Using the primary effect
  test, the court found the statue to have the
  purpose of advancing religion as well as creating
  excessive entanglement between church and state
• The primary effect test assists in determining
  if the principle of neutrality of a statute has
  been breached. If so, the establishment clause
  has been breached and the statute is a violation
  of the 1st Amendment

29
Stone v. Graham U.S. Supreme Court (1980)Posting
Of the 10 Commandments in the Classroom

• Is the secular application of the Ten
  Commandments clearly viewed as the fundamental
  legal code of Western Civilization and the common
  law of the United states?

30
Stone v. Graham U.S. Supreme Court (1980)Posting
Of the 10 Commandments in the Classroom (case)

• Name and jurisdiction
• Facts
• Issue
• Finding
• Court rationale
• Implications for schools

31
Westside Community schools v Mergans (1990)
Federal Equal Access Class

• Must Elementary and secondary schools allow use
  of their facilities by outside religious groups.
• See Federal Equal Access Law
• Schools must remain viewpoint neutral
• Open Forum
• Closed Forum
• Limited Open Forum

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Westside Community schools v Mergans (1990)
Federal Equal Access Class

• Name and jurisdiction
• Facts
• Issue
• Finding
• Court rationale
• Implications for schools

33
Lee v. Weisman U.S. Supreme Ct. Clear Creak Ind
School District and others

• School Initiated v. Student Initiated Prayer
• Schools must avoid display of religious symbols
• Student athlete initiated prayer is ok if school
  officials remain neutral
• Scholl sponsored invocations create excessive
  entanglement
• Student initiated prayer at graduation is ok if
  school remains neutral
• School Bible reading is not allowed. Secular
  instruction can be ok
• Prayer at B.O.E. meetings not allowed
• Community sentiment can no longer be used as a
  guide for religion in schools

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1st Amendment Compliance

• The _____________for 1st Amendment
  constitutionality indicates that for a statute to
  be deemed constitutional and not in violation of
  the first amendment it must have the following
• Have a Secular (public) legislative purpose
• Neither advances or prohibits religion
• Does not cause excessive entanglement