{"id":79,"date":"2008-10-23T16:50:55","date_gmt":"2008-10-23T16:50:55","guid":{"rendered":"http:\/\/blog.beliefnet.com\/lynnvsekulow\/2008\/10\/public-schools-and-the-first-a.html"},"modified":"2008-10-23T16:50:55","modified_gmt":"2008-10-23T16:50:55","slug":"public-schools-and-the-first-a","status":"publish","type":"post","link":"https:\/\/www.beliefnet.com\/columnists\/lynnvsekulow\/2008\/10\/public-schools-and-the-first-a.html","title":{"rendered":"Public Schools and the First Amendment"},"content":{"rendered":"

Barry, I never said that the use of a pro-Obama textbook violates anyone’s First Amendment rights, but it does illustrate the importance of parents reviewing their child’s textbooks, getting involved in electing school board members, and being active at school board meetings.<\/font><\/p>\n

 <\/font><\/p>\n

Public school boards have broad authority to set their curriculum, but they are ultimately answerable to the parents and other citizens that vote for them. Parents who don’t like what is being taught at their child’s public school can express their dissatisfaction through the electoral process and by voicing their concerns at school board meetings.<\/font><\/p>\n

 <\/font><\/p>\n

The pro-Obama textbook situation highlights the importance of maintaining state and local control over public education to ensure that educators are responsive to the values of the local community. For example, the Supreme Court has stated that “the Bible may constitutionally be used in an appropriate study of history, civilization, ethics, comparative religion, or the like,” Stone v. Graham<\/i>, 449 U.S. 39, 42 (1980), and state and local school boards should have the discretion to offer such courses if they so desire.<\/font><\/p>\n

 <\/font><\/p>\n

As for student assignments, your reference to examples where a student fails to follow directions is a red herring–a student does not have the right to write a poem if the assignment is to write a short story. However, we are frequently contacted in situations where students are allowed to draw a picture of their choice, select a book or song of their choice, etc. where the only objection to the student’s selection is that it is religious.<\/font><\/p>\n

 <\/font><\/p>\n

In the Kansas case, the art assignment was to draw a picture of the student’s choice. No restrictions or specific requirements were provided. After the student chose to draw a cross, the teacher rejected the picture solely because it was religious<\/i>. The teacher probably believed incorrectly that the “separation of church and state” required him to censor the student’s expression.<\/font><\/p>\n

 <\/font><\/p>\n

Barry, you would agree that the student had the right to incorporate a religious viewpoint in response to this assignment, right?<\/font><\/p>\n","protected":false},"excerpt":{"rendered":"

Barry, I never said that the use of a pro-Obama textbook violates anyone’s First Amendment rights, but it does illustrate the importance of parents reviewing their child’s textbooks, getting involved in electing school board members, and being active at school board meetings.   Public school boards have broad authority to set their curriculum, but they…<\/p>\n","protected":false},"author":163,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[11,4],"tags":[],"class_list":["post-79","post","type-post","status-publish","format-standard","hentry","category-public-schools","category-religious-freedom"],"yoast_head":"\nPublic Schools and the First Amendment - Lynn v. 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Jay Sekulow has also served as a faculty member for the Office of Legal Education at the United States Department of Justice.  As a member of the faculty he instructed Assistant United States Attorneys and investigators in the First Amendment issues associated with prosecution of obscenity. An accomplished and respected judicial advocate, Sekulow has presented oral argument before the U.S. Supreme Court in numerous cases in defense of constitutional freedoms. Several landmark cases argued by Sekulow before the U.S. Supreme Court have become part of the legal landscape in the area of religious liberty litigation.  In the Mergens case, Sekulow cleared the way for public school students to form Bible clubs and religious organizations on their school campuses.  In the Lamb's Chapel case, Sekulow defended the free speech rights of religious groups, ensuring that they be treated equally with respect to the use of public facilities.  And, most recently, in McConnell v. FEC, Sekulow ensured that the constitutional rights of young people remain protected with a unanimous decision by the high court guaranteeing that minors can participate in political campaigns. A nationally recognized and respected defender of religious freedom, Sekulow has assembled one of the most prestigious law firms in the nation.  Founded in 1990, the American Center for Law and Justice focuses in constitutional law.  The ACLJ, under Sekulow's direction, is involved in public interest and public policy issues working to protect religious and constitutional liberties. In 2007, the Chicago Tribune concluded that the ACLJ has \"led the way\" in Christian legal advocacy.  In 2005, TIME Magazine named Sekulow one of the \"25 Most Influential Evangelicals\" in America and called the ACLJ \"a powerful counterweight\" to the ACLU.  Business Week said the ACLJ is \"the leading advocacy group for religious freedom.\"  Sekulow's work on the issue of judicial nominees - including possible vacancies at the Supreme Court - has received extensive news coverage including a front page story in The Wall Street Journal.  In addition, The National Law Journal has twice named Sekulow one of the \"100 Most Influential Lawyers\" in the United States (1994, 1997).  He is also among a distinguished group of attorneys known as \"The Public Sector 45\" named by The American Lawyer (January\/February 1997).  The magazine said the designation represents \"45 young lawyers outside the private sector whose vision and commitment are changing lives.\" Sekulow brings insight and education to listeners daily with his national call-in radio program, Jay Sekulow Live!, which is broadcast throughout the country on nearly 850 radio stations.  Sekulow also hosts a weekly television program, ACLJ This Week, which tackles the tough issues of the day and is broadcast on a number of networks nationwide including the Trinity Broadcasting Network and FamilyNet.  Sekulow is also a popular guest on nationally televised news programs on ABC, CBS, NBC, CNN, FOX News, MSNBC, CNBC, and PBS.  He frequently contributes articles and commentary to national publications and is often quoted in the nation's leading newspapers including USA Today, New York Times, Los Angeles Times, Washington Post, and Washington Times. A graduate of Mercer University, Sekulow graduated cum laude receiving both a bachelor's degree and doctor of jurisprudence from Mercer University where he served on the Mercer Law Review as an editorial staff member.  Following graduation, Sekulow served as a tax trial attorney in the Office of Chief Counsel for the Internal Revenue Service.  In that capacity, Sekulow prepared and brought to trial tax cases on behalf of the United States Department of Treasury in United States Tax Court. He also received a Ph.D. from Regent University, with a dissertation on American Legal History, and is the author of numerous publications and law articles. Sekulow serves as a member of the Board of Trustees for The Supreme Court Historical Society in Washington, DC.","url":"https:\/\/www.beliefnet.com\/columnists\/lynnvsekulow\/author\/jsekulow"}]}},"_links":{"self":[{"href":"https:\/\/www.beliefnet.com\/columnists\/lynnvsekulow\/wp-json\/wp\/v2\/posts\/79","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.beliefnet.com\/columnists\/lynnvsekulow\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.beliefnet.com\/columnists\/lynnvsekulow\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/lynnvsekulow\/wp-json\/wp\/v2\/users\/163"}],"replies":[{"embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/lynnvsekulow\/wp-json\/wp\/v2\/comments?post=79"}],"version-history":[{"count":0,"href":"https:\/\/www.beliefnet.com\/columnists\/lynnvsekulow\/wp-json\/wp\/v2\/posts\/79\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.beliefnet.com\/columnists\/lynnvsekulow\/wp-json\/wp\/v2\/media?parent=79"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/lynnvsekulow\/wp-json\/wp\/v2\/categories?post=79"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/lynnvsekulow\/wp-json\/wp\/v2\/tags?post=79"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}