Pierce v.
Society of Sisters
Supreme Court, 1925 (p.22)
WELCOME TO THE 5TH GRADE
ANDREA KAYNE KAUFMAN
ELEMENTARY SCHOOL
AN ILLINOIS PUBLIC SCHOOL
Do you have to go here?
Let me take attendance.
Andrea Kayne Kaufman
No question is raised concerning the power of
the State reasonably to regulate all schools, to
inspect, supervise and examine them, their
teachers and pupils; to require that all children
of proper age attend some school, that teachers
be of good moral character and patriotic
disposition, that certain studies plainly essential
to good citizenship be taught, and that nothing
be taught that is inimical to the public welfare.
Please rise for the Pledge
of Allegiance
“I pledge allegiance to the Flag
of the United States of America
and to the Republic for which it
stands,
one nation (under God,) indivisible,
with liberty and justice for all.”

Oregon Compulsory Education Act





Every child between 8 and 16 years
must attend a public school…The
manifest purpose is to compel general
attendance at public schools by normal
children, between 8 and 16, who have
not completed the 8th grade.
We think it entirely plain that the Act
unreasonably interferes with the liberty of parents
and guardians to direct the upbringing and
education of children under their control …rights
guaranteed by the Constitution may not be
abridged by legislation…the fundamental theory
of liberty…excludes any general power of the
state to standardize its children by forcing them to
accept instruction from public teachers only. The
child is not the mere creature of the state; those
who nurture him and direct his duty have the right,
coupled with the high duty, to recognize and
prepare him…
Congress shall make no law
1st
respecting an establishment of
religion [Establishment Clause], or
prohibiting the free exercise
thereof [Free Exercise Clause]; or
abridging the freedom of speech
[Free Speech Clause], or the
press; or the right of the people
Amendment peaceably to assemble, and to
petition the Government for a
to U.S. redress of grievances.
Constitution
1
Lemon v. Kurtzman (Lemon Test)
U.S.
Constitution

No Establishment Violation = Federal System State System

Illinois

Executive Legislative Judicial Executive Legislative Judicial

School must have secular purpose + U.S. President U.S. Senate U.S. Supreme Illinois House
Illinois Supreme
Ct.
Court Illinois Governor
Barack Obama U.S. House of Rep. Illinois Senate
Appellate Trial
Circuit Courts
District Courts
Must not inhibit or advance religion +
Department of Illinois State
Education Board of Ed

Mayor Daley
Must not foster excessive entanglement w/ religion Ron Huberman

Balancing Test for

Congress shall make no law
respecting an establishment of Free Exercise Violation

1st
religion [Establishment Clause],
or prohibiting the free
exercise thereof [Free Exercise
Clause]; or abridging the
freedom of speech [Free School demonstrated
Speech Clause], or the press; compelling
Amendment or the right of the people Extent of burden governmental interest
peaceably to assemble, and school placed on justifying its refusal to
to U.S. individual’s free
to petition the Government for
Constitution a redress of grievances. exercise of religion
VS. grant exception or
accommodation to
individual

2
 Tinker v. Des Moines
Tinker If a regulation were adopted by
school officials forbidding discussion
US Supreme Court, 1969 (p. 108) of the Vietnam conflict, or the
expression by any student of
Doctrine opposition to it any where on school
property except as part of prescribed
First Amendment rights, applied in light of the classroom exercise, it would be
special characteristics of the school environment, obvious that the regulation would
are available to teachers and students. It can violate the constitutional rights of
students, at least if it could not be
hardly be argued that either students or teachers justified by a showing that the
shed their constitutional rights to freedom of students’ activities would materially
speech or expression at the school house gate. and substantially disrupt the work and
discipline of the school.

What do you think?

Does the first amendment protect
student tattoos and body piercings?
“I know a man who is firm -- he's firm in his
pants, he's firm in his shirt, his character is
firm -- but most of all, his belief in you, the
students of Bethel is firm. Jeff Kuhlman is a *
In addition to the
criminal acts defined
above, the commission
man who takes his point and pounds it in. If of, or participation in
necessary, he'll take an issue and nail it to certain noncriminal
the wall. He doesn't attack things in spurts activities or acts may
-- he drives hard, pushing and pushing until lead to disciplinary
finally -- he succeeds. action. Generally, these
Jeff is a man who will go to the very end - are acts which disrupt
- even the climax, for each and every one and interfere with the
of you. educational process.
So vote for Jeff for ASB vice-president --
he'll never come between you and the best
our high school can be.

We hold that petitioner School What Kind of Speech?

Bethel v. District acted entirely within its
permissible authority in imposing
sanctions upon Fraser in response
Fraser to his offensively lewd and indecent
speech. Unlike the sanctions
imposed on the students wearing
armbands in Tinker, the penalties
imposed in this case were unrelated
US Supreme to any political view point. The
First Amendment does not prevent
Court, 1986 the school officials from
determining that to permit a vulgar
(p.117) and lewd speech would undermine
the school’s basic educational
mission.