The Supreme Court, the First Amendment, and Belief The curriculum, Religious Liberty: The American Experiment,

including a series of teacher professional development programs around the country, was made possible by generous donations from the George Washington Institute for Religious Freedom.
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Religious Liberty: The American Experiment Lesson 5 Religious Liberty and the Supreme Court
Objectives: Understand the facts of landmark Supreme Court cases on the First Amendments protection against established religion. Assess the Supreme Courts interpretations of the First Amendment with respect to religion in public schools.
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Mission Statement
Established in 1999, the Institute is a 501(c)(3) not for profit charity focused on providing educational resources on America's Founding documents and principles for teachers and students of American History and Civics. Our mission is to educate young people about the words and ideas of the Founders, the liberties guaranteed in our Founding documents, and how our Founding principles continue to affect and shape a free society.

Components of Professional Development

Enhance our own knowledge
There is no knowledge that is not power. ~Ralph Waldo Emerson

Explore new teaching strategies

Enrich the expertise of other teachers

Common Core State Standards for English Language Arts & Literacy in History/Social Studies

8. Delineate and evaluate the reasoning in seminal U.S. texts, including the application of constitutional principles and use of legal reasoning (e.g., in U.S. Supreme Court majority opinions and dissents) and the premises, purposes, and arguments in works of public advocacy (e.g., The Federalist, presidential addresses).

Important Definitions
Tolerance: refers to individuals relationships and attitudes toward one another; capacity for or the practice of recognizing and respecting the beliefs or practices of others. Toleration: government policy that permits the practice of certain religions; the practice of religion is a privilege allowed by government. Religious liberty: the idea that freedom of conscience is an inalienable right not under the legitimate control of government.
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Lesson Five
Background Essay traces developments through the cases shown in the following slides. Document Based Question Jason is the valedictorian of a public high school. Is he allowed to mention his faith in his valedictory address? If he does so, has the school district violated the First Amendment?

Religious Liberty Landmark Cases

Establishment Clause Issues in the Public Schools Cases are presented here as a warmupsee Lesson 5 in Religious Liberty: The American Experiment for a Document-Based Question using this historical background.
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Landmark Supreme Court Cases-Religious Freedom

A public school teacher may lead the class in prayer at the beginning of class time.
1. True 2. False

False: Engel v. Vitale (1962) New York Board of Regents suggested prayer for the beginning of the school day violated the Establishment Clause. Almighty God, we acknowledge our dependence upon Thee, and we beg Thy blessings upon us, our parents, our teachers and our country. Amen. Students who objected could be excused during the prayer. The state school board did not require the use of this prayer, but did compose and endorse it.

Landmark Supreme Court Cases-Religious Freedom

Teachers may teach about religion in public school. 1. True

2. False

True: School District of Abington Township v. Schempp, 1963 It might well be said that ones education is not complete without a study of comparative religion, or the history of religion and its relationship to the advancement of civilization. Study of the Bible or of religion, (must be)presented objectively as part of a secular program of education

Landmark Supreme Court Cases-Religious Freedom

Tax money may be used to help pay teacher salaries in church-related schools.
1. True
2. False
False: In Lemon v. Kurtzman, 1971, the Court developed the three-part Lemon Test for laws dealing with religious establishment. Such a law must : 1. have a secular purpose, 2. have principle effects that neither advance nor inhibit religion, and 3. not foster an excessive government entanglement with religion.

Alton Lemon

Landmark Supreme Court Cases-Religious Freedom

A public school teacher may post the Ten Commandments in his or her classroom.
1. True
2. False

False: Stone v. Graham 1980. Unless such a poster is part of a historical display with a secular purpose, for example, in comparative religion or literature studies, the display would violate the Establishment Clause.

Landmark Supreme Court Cases-Religious Freedom

A state legislature may require public schools to institute a moment of silence for meditation or voluntary prayer.
1. True 2. False

Depends on the true purpose of the law. In Wallace v. Jaffree 1985, it was clear that the Alabama legislature intended to encourage school-sponsored prayer, so the Alabama statute was unconstitutional.

Landmark Supreme Court Cases-Religious Freedom

Public school students have the right to pray individually or in groups while at school. 1. True
2. False

True: Board of Education of Westside Schools v. Mergens 1990 Students may discuss religious topics with their peers as long as they are not disruptive. The Establishment Clause prohibits school endorsement of religious views, but it does not apply to purely private speech; the same rules of order apply to voluntary religious speech as apply to any other type of voluntary student speech.

Landmark Supreme Court Cases-Religious Freedom

Public school students may express their religious beliefs in the form of reports, 1. True homework, and artwork. 2. False
True: (Mergens, 1990) Teachers must not reject or correct such submissions simply because they include a religious symbol or address religious themes. These assignments should be judged by ordinary academic standards of substance, relevance, appearance and grammar. There is a crucial difference between government speech endorsing religion, which the Establishment Clause forbids, and private speech endorsing religion, which the Free Speech and Free Exercise Clauses protect.

Landmark Supreme Court Cases-Religious Freedom

Public school students may meet in a Bible Study Club on school grounds after school hours. 1. True
2. False

True: (Board of Education v. Mergens, 1990) According to the Equal Access Act, students must be allowed to participate in religious clubs on the same terms as any other noncurricular club. School officials may not actively participate in club activities and non-school persons may not control or regularly attend club meetings.

Landmark Supreme Court Cases-Religious Freedom

A Rabbi may lead the audience in a nondenominational prayer at public school graduation. 1. True
2. False

False: Lee v. Weisman 1992: The Establishment Clause was inspired by the lesson that in the hands of government what might begin as a tolerant expression of religious views may end in a policy to indoctrinate and coerce. Prayer exercises in elementary and secondary schools carry a particular risk of indirect coercion. (Providence, RI)

Landmark Supreme Court Cases-Religious Freedom

Public school officials may plan religious baccalaureate ceremonies.

1. True 2. False
False: Lee v. Weisman. School officials, when acting in their official capacities, are representatives of the state and may neither encourage nor impede student religious activity. The Establishment Clause means that the school must maintain a position of official neutrality. If the school rents out its facilities to private groups, it must rent them on the same terms to organizers of religious activities.

Landmark Supreme Court Cases-Religious Freedom

Public school teachers and administrators may actively participate in the annual See You at the Pole observance. 1. True 2. False
False: Peloza v. Capistrano Unified Sch. Dist. ; Lee vs. Weisman; others.Such events are permissible for students, subject to ordinary time, place, and manner policies set by the schools. However, school officials, acting in an official capacity, may neither discourage nor encourage participation in such an event. Any school officials attendance at such events in a custodial oversight role must be voluntary and non-participatory.

Landmark Supreme Court Cases-Religious Freedom

Students may lead the student body in prayer on the P.A. system before public school football games.
1. True 2. False

False: In Santa Fe Independent School District v. Doe, 2000, the Supreme Court ruled that such a practice indicates school support for religious views, and is impermissible.

Landmark Supreme Court Cases-Religious Freedom

State funding may be used to purchase computer equipment for religious schools.
1. True
2. False
True: Mitchell v. Helms 2000 Supreme Court held that the government could pay for computer equipment for public, private, and religious schools because the secular goal was improved education for students.

Landmark Supreme Court Cases-Religious Freedom

A public school coach may encourage and participate in a student-led pre-game prayer with his/her team.
1. True

2. False
False: Borden v. School District of the Township of East Brunswick . However, teachers may engage in private religious activity in faculty areas. Supreme Court denied Bordens request on March 2, 2009.

Landmark Supreme Court Cases-Religious Freedom

A public school student may post the Ten Commandments in his or her locker.
1. True
2. False

True: Various. If students are permitted to personalize or decorate the inside of their lockers, schools must not discriminate against religious messages.

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