Basic Introduction to Student Rights:
The Supreme Court has made it clear- students do not “shed
their constitutional rights” at the schoolhouse gate! (Tinker
v. Des Moines Indep. Community School District., 393 U.S. 503,
506 (1969) Yet, many teachers, administrators and school boards
fail to recognize that students have constitutional rights, especially
in the area of religious expression.
The reason why religious expression is so hotly contended in
public school system is because of what is commonly known as “the
separation of church and state.” The separation of church
and state became law through a series of court judgments that
many consider to be appalling. The time it would take to explain
exactly how the separation of church and state became law, demands
a link to another web site. (Click here for more information.)
However, it is important to note that this site takes into consideration
the current understanding of the separation of church and state
as it applies to student expression. Despite the separation of
church and state, students still have a great deal of constitutionally
protected rights to the freedom of religious expression as they
apply to public school systems!
For students, the Constitution guarantees the first amendment
right to freedom of expression in public schools as long as that
expression does not:
1. materially and substantially interfere with the requirements
of appropriate discipline in the operation of the schools; and…
2. invade or collide with the rights of others. (Tinker. 393
U.S. at 512)
That’s a fancy way of writing that if a student’s
actions or words interfere with the normal functioning of the
school or takes away freedoms from others, it’s not guaranteed
by the Constitution. This is a consistent pattern throughout
most of A New Guard. In cases where students are able to exercise
their individual freedom of expression (within the limitations
of the school rules), those students with religious viewpoints
are able to exercise theirs.
However, expression that could be perceived as vulgar or obscene
can and most likely will be restricted by public high schools.
Almost all court cases where a student has tried to defend his
decision to express himself in an obscene or vulgar fashion,
(be it swearing, or wearing pornographic/visually obscene images)
in the school system have ended with the school winning judgment.
Finally, do not allow anyone to convince you that religious expression,
in itself, is offensive and therefore should be limited in the
public square. This ridiculous ideology has pervaded the minds
of many: that if religious expression causes someone else discomfort,
it should be banned. If this philosophy were true, all competing
ideas could be censored, which flies in the face of our God-given
rights that are upheld by the constitution.
The content on this page has been reviewed by The Rutherford Institute.
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