Any student who failed to follow the policy would be sent home immediately and suspended until they decided to follow the schools policy. The families of those fellow students didn’t decide to file a lawsuit until after the Iowa Civil Liberties Union approached their family, and ACLU agreed to help the family with their case. The parents in turn, filed the lawsuit in the U.S. District Court, which upheld the decision of the Des Moines school board. The courts seven to two decision held that the first amendment applied to public schools, and that administrators would have to demonstrate constitutionally valid reasons for any specific regulation of speech in the classroom. The court observed, " it can hardly be argued that either students or
Assignment 2.03 Amendment selected: First Amendment The first amendment was written due to the fact that most of the citizens demanded their basic freedoms. (“Congress will make no law respecting an establishment of the religion, and prohibiting the free exercise of; or abridging the freedom of speech, and of the press; and right of the people peaceably to assemble, and to petition the Government for a redress of grievances.’’) What is the personal liberty defined in the Amendment? The first amendment is referred to as Freedom of Religion. This amendment guarantees freedom of religion in two types of ways; one is preventing the government from establishing an official church. And the second is free will to worship as they please to their religion.
Amen,” was led by teachers in the classroom and recited by students. A student could refrain from saying the prayer or could leave the room if the student objected to the practice. Parents of ten students brought forth the complaint and later the suit that stated the practice violated the First Amendment rights of the students, more specifically the Establishment Clause which prohibits the establishment of a government religion. In question was the constitutionality of the practice of reciting a voluntary, denominationally neutral prayer by an employee of a public school district. Teachers led the prayer after the pledge of allegiance.
Many school children and adults have tested the idea of Patriotism and what it means to be a American with a different religion. Many court cases have brought up the issue of school patriotism to national attention. Minersville School District v. Gobitis was a case in the Supreme Court dealing with the religious rights of school children. The courts argument is that schools should force students under any religion to recite the Pledge of Allegiance and honor the American flag, although the students religion was against these practices. Two Jehovah's Witness school children, ages 10 and 12, Lillian and William Gobitis were suspended from school for refusing to salute the American flag in Minersville, Pennsylvania.
After the local Florida Circuit Court in Broward County issued the injunction, the decision was appealed to the United States District Court for Southern Florida where the Court ordered the sheriff to stop enforcing the injunction, but did, in fact, rule that the music was obscene, especially the song "As Nasty As They Wanna Be." The sheriff appealed the case to the United States Court of Appeals, 11th Circuit, in Atlanta. Issue Is this music obscene under Florida state law and/or federal Constitution? Holding/Decision No Rule Obscenity must meet three part rule. Based on Supreme Court case Miller v. CA.
They soon filed a suit in a New York State court to banned the prayer,they kept on insisting that the use of this prayer in the public schools was contrary to their own and their children's beliefs, religions, or religious practices. The separation of church and state says that government should stay out of the business of enforcing any religious activities no matter what the case is. The Board of education's prayer is quite simple and it violates the 1st Amendment and because of this should be banned
In every democratic form of government such as the United States, there are always disputes and disagreements between the decisions of government and the rights of individuals especially in schools. Students attend school to become well-educated young adults. The main objective of school teachers and staff is to make sure that each student is receiving the maximum amount of learning to prepare them for future endeavors. Schools must educate students for true citizenship and what it means to live in a democracy. When school is in session, school officials have control over students and their behavior.
The procedure that is put in place for anti-bullying is: For the school of my placement takes action immediately if bullying happens, which then we help bullies realize the consequences of their actions and to teach them different and better ways of behaving in the future and we also support victims of bullying by providing them with ways on how to deal with any types of bullying if it was to happen again. Our code of conduct policy states that each year group has agreed a code of conduct with their teachers and in Reception the children have their own set of golden rules about how to behave in class. Home and school contracts are signed by parents and children. When they start at our school and a copy is sent home and a copy is retained by school. We aim to work together as a school and maintain a whole school approach to developing high standards of behavior.
These rights have been evolving all over the time. This is because even though they were set some time back, not all of them were implemented as some of them were not respected by the United States government. For example, in 1986, Deborah Weisman sued her public school for conducting a Christian graduation prayer yet the first clause of the first amendment prohibited the government from establishing an official church (CANDELA OPEN COURSES, n.d). In 1802, Thomas Jefferson reaffirmed that the First amendment’s freedom was intended to separate the church from the Stat (CANDELA OPEN COURSES, n.d). Thus, the initial creation of human rights for United States citizen was not followed by their implementation.
“The Supreme Court has ruled that students are allowed to organize, voluntarily, religious clubs -- which can include prayer and Bible study—at public schools, just as they might any other kind of club (Mosser, 2010, pa. 2.3)” Yes, we should keep religion and school separate, but the children has the choosing to do it voluntary. Staff and faculty members cannot be involved, or they will be considered interfering with the child’s rights. Since the children come from different religions, or atheists, prayer in only one religion is not a compromise. A solution could be something simple or complicated. One suggestion is for the students themselves to have a prayer and Bible study group, probably at a mealtime or extracellular activity time (where they hold time for clubs).