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Does the First Amendment apply to public schools?
 
The First Amendment says that the government may not ‘establish’ religion. What does that mean in a public school?
 
If school officials are supposed to be 'neutral' toward religion under the establishment clause, does that mean they should keep religion out of public schools?
 
Does the establishment clause apply to students in a public school?
 
How can school officials tell when a planned school action or activity might violate the establishment clause?
 
What does 'free exercise' of religion mean under the First Amendment?
 
How should school officials determine when they must accommodate a religious-liberty claim under the free-exercise clause?
 
May students be excused from parts of the curriculum for religious reasons?
 
How should school officials respond to a request for accommodation of religious practices during the school day?
 
May students be absent for religious holidays?
 
Is it legal for students to pray in public schools?
 
Is it constitutional for a public school to require a 'moment of silence'?
 
May a student pray at graduation exercises or at other school-sponsored events?
 
May students share their religious faith in public schools?
 
May students express their beliefs about religion in classroom assignments or at school-sponsored events?
 
What about the power of schools to control student speech in the classroom?
 
How do schools resolve the tension between freedom of speech and the need for discipline and control?
 
May students distribute religious literature in a public school?
 
May religious scriptures be used in a public school classroom?
 
Do schools that permit the distribution of student religious literature give up all control over how it is done?
 
May students form religious or political clubs in secondary public schools?
 
What is a 'noncurriculum-related student group' under the Equal Access Act?
 
What control does the school retain over student meetings in a limited open forum?
 
May teachers or other school employees participate in student religious clubs?
 
May religious leaders or other outside adults attend the meetings of student clubs?
 
May noncurriculum-related student groups use school media to advertise their meetings?
 
May the school exclude any student extracurricular group?
 
Do students have the right to form religious or political clubs below the secondary level?
 
Is it constitutional to teach about religion in a public school?
 
Does the First Amendment require that 'equal time' be given to all faiths in the public school curriculum?
 
Is it legal to invite guest speakers to help teach about religion?
 
May teachers use role-playing or simulations to teach about religion?
 
Is it constitutional to teach the biblical account of creation in the public schools?
 
May a state or school district require public schools to teach 'intelligent design' as a scientific theory in science classes?
 
What do the courts say about the Bible in the public-school curriculum?
 
What is the difference between teaching about the Bible and religious indoctrination?
 
Which version of the Bible should be used?
 
Which interpretation of the Bible should be used?
 
How should teachers of a Bible elective be selected and what preparation will they require?
 
How should the Bible be included in the literature curriculum?
 
What are the academic aims of a literature elective in Bible?
 
How should the Bible be included in the history curriculum?
 
May public schools offer a history course that focuses on the Bible?
 
What about the study of other religious traditions?
 
How should study about the Bible be handled in elementary education?
 
How should religious holidays be treated in the classroom?
 
What should schools do in December?
 
How should religious objections to holidays be handled?
 
At my children’s school around Christmas, outside speakers have come in to teach about Hanukkah and Kwanzaa. Does the school have to give equal time to another speaker who might want to discuss why Christians celebrate Christmas?
 
Do outside groups have the right to distribute material on campus?
 
What about distribution of fliers from religious groups about events or programs for youth?
 
May public school facilities be used by outside community groups during nonschool hours?
 
May public schools and religious communities enter into cooperative agreements to help students with such programs as tutoring?
 
What general principles should public schools and religious communities follow when entering into a cooperative arrangement?
 
May religious leaders provide crisis counseling to students in public schools?
 
May public schools cooperate with mentoring programs run by religious institutions?
 
May religious institutions provide 'safe shelter' opportunities to students?
 
May schools use facilities owned by religious institutions?
 
May students be released for off-campus religious instruction during the school day?
 
May teachers and administrators pray or otherwise express their faith while at school?
 
May teachers wear religious jewelry in the classroom?
 
How should teachers respond if students ask them about their religious beliefs?
 
May a teacher refuse to teach certain materials in class if she feels the curriculum infringes on her personal beliefs?
 
May a school board limit school activities on certain nights to accommodate a particular religious group?
 
What may a school do to make it clear that it is not promoting, endorsing or otherwise sponsoring noncurriculum-related student groups?
 
May a teacher wear religious garb to school provided the teacher does not proselytize to the students?
 
Does the federal appeals court decision in Newdow v. U.S. Congress mean the Pledge of Allegiance is now banned in all public schools?
 
 

No.

First, the 9th U.S. Circuit Court of Appeals has temporarily put off enforcing its Newdow ruling. Newdow's case failed before the U.S. Supreme Court in 2004; he has filed a new case that is being litigated in a lower court.

Second, a 9th Circuit decision directly affects schools only in states within the 9th Circuit’s jurisdiction: Alaska, Hawaii, California, Oregon, Washington, Montana, Idaho, Nevada and New Mexico. A public school in any other state is governed, to varying degrees, by the legal interpretations of its individual state’s supreme court, of the federal appeals court encompassing that state, and of the U.S. Supreme Court.

Third, the Newdow ruling, even if enforced, would not prevent students from voluntarily deciding to recite the pledge, without any government involvement. Such an interpretation of Newdow would be consistent with prior Supreme Court rulings on school prayer and student speech, under which state-sponsored school prayers are unconstitutional, but truly voluntary, nondisruptive prayers by students would be constitutionally protected.

Fourth, although courts outside the 9th Circuit could voluntarily decide to follow Newdow’s interpretation of Supreme Court precedents, such courts could instead decide to follow the dissenting view that the reference to God in the pledge is mere “ceremonial deism” (like “In God We Trust” on coins) and is no danger to First Amendment freedoms.

Fifth and finally, schools that are especially risk-averse can avoid offending atheists, polytheists and others concerned about theocratic government by using the pre-1954 version of the pledge, which didn’t have the words “under God.” Of course, if teachers loudly correct students who voluntarily say “under God,” or teachers otherwise campaign against nondisruptive students voluntarily expressing religious beliefs, then schools run the risk of promoting official disapproval of religion, which would be unconstitutional.

No matter what happens in regard to Newdow, schools must ensure that students are not coerced into reciting the pledge against their religious or political beliefs. Such coercion would violate the First Amendment’s guarantees of freedom of speech and freedom of religion. For instance, schools should be sensitive to the fact that children of Jehovah’s Witnesses object to saluting the flag and to reciting the pledge because their church teaches that such actions are a form of idol worship forbidden by the Ten Commandments.

 
 
Are baccalaureate services constitutional?
 
If students themselves nominate a fellow student to say a prayer at graduation, with no help from the school, will that prayer be permissible?
 
Can a state or school district criminalize or otherwise punish the teaching of evolution in public schools?
 
Can a state or school district require that public schools give equal time to evolution and creationism?
 
Are public school choruses allowed to perform in a church?
 
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Last system update: Saturday, November 21, 2009 | 07:30:44
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religious liberty in public schools issues >
School prayer
Religious holidays
Student religious practices
Released time
Teaching about religion
Pledge of Allegiance & religious liberty in public schools
Religious clubs
Public schools & religious communities
Teachers' religious liberties
Bible in school
Distributing religious literature
Graduation ceremonies
Evolution & creation