Freedom Of Speech: The Supreme Court has ruled that students retain their freedom of speech when they walk through the school doors. According to the 1969 Supreme Court decision in Tinker v. Des Moines Independent School District, a school may only silence students if they are actually disrupting school discipline. So, a student may not harass other students about religion or interrupt class with Moses impressions.
Free Time: However, during free time, students are at liberty to:
- Read their Bibles
- Talk to peers about religion and pray with their peers
- Wear clothing with religious symbols and messages
- Even pass out religious tracts
As long as students are not acting out in a disruptive manner, they retain their freedom of expression.
Equal Access: According to the 2001 Supreme Court decision in Good News Club v. Milford Central School, faith-based clubs have the same rights to public school facilities as other noncurriculum clubs (like the chess club or the classical music club). Religious clubs are also guaranteed official recognition, which means the school must allow them access to the school newspaper, bulletin boards, and the public announcement system.
Any Exceptions?: Religious clubs must be student-initiated and student-led. The students may invite outside speakers, but the club must be organized and led by the students themselves.
In the Classroom: Religion is a major influence in history, politics, and the human experience in general. Because it has educational value, students and teachers may discuss religion in class. Teachers must maintain a neutral position with the students, but students are free to offer their own personal opinions on religious matters.
What About Assignments?: Students may write papers on religious subjects, including the Bible. The Bible has had an enormous impact on history and literature and is an important book to know, even from a secular viewpoint. Literature from Shakespeare to Faulkner is full of allusions that can only be fully appreciated with a working knowledge of the biblical text.
Teachers: Teachers represent the government while in the public school classroom and at school events. Teachers do not lose their First Amendment rights at school, and may discuss religious topics with their own peers, but they must be careful not to "force their religion" on the students. At the same time, teachers may not discourage students' religious activity when it falls within legal guidelines.
Can They Teach About Religion?: Teachers do have a lot of freedom to teach about religion for educational purposes. They may teach on comparative religions, including Christianity. They may discuss the impact religion has had on history and science and literature. They may even discuss religion with students one-on-one, if the student initiates and maintains the conversation and is not compelled to agree with the teacher's position.
In Conclusion: There is a growing understanding that the intellect is not the only part of the human person, but that students do have a spiritual side that also needs to be fed. Schools have the freedom to allow students to express their spiritual side and to seek to nourish it.
