Law Case Study

Case Study 1: p. 47-48

Religion and Student Expression

Religious and student expression in a public school must be handled very carefully. In the case study provided the principal of a small elementary school had a student draw a picture of Jesus when asked what he was thankful for and then the following year read a passage out loud from the Bible as his choice of story. Our government has a very strict separation of church and state policy and since these two instances are occurring in a public school, it is a case for debate. The way the principal handles this situation sends a strong message to the community and parents about the type of leader she is and the type of building she is running.

The student should be permitted to read his/her biblical story under certain conditions. The student must not try to persuade anyone in the room that his religion is better than others or that others should join. The student cannot read from a religious perspective but from the point that it is a historical story. The reason the student should be able to read the biblical story is because of his first amendment right, freedom of religion. The legal issue surrounding both the poster and biblical story is the responsibility of the school to separate church and state. Because it was the student’s choice to draw that picture and read that story, the school cannot deprive the student of his rights.

The legal risks that the school can incur if it permits both activities is lawsuits against the school for preaching about a specific religion to all students and/or allowing students to preach about their religion. Parents and student may be offended that they are hearing about another religion or offended in the context in which they are hearing it. The legal risks the school can incur if it denies both of these practices are lawsuits accusing the school of prohibiting freedom of speech and/or expression. There is a fine line between allowing students their rights without it...