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ESSAY & VIDEO TOPIC

INTRODUCTION: Freedom of religion, conscience and belief is a core ideal of American democracy and a fundamental right that every individual possesses. The First Amendment begins with the words: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof..." Free exercise is an essential component of the First Amendment's definition of religious freedom, guaranteeing the right to profess and practice any faith or none, and to assert these beliefs within the boundaries of the law.

The public school is a critical place where the no-establishment and free-exercise provisions of the First Amendment's religion clauses meet, and sometimes even conflict. Two recent presidential administrations issued official guidelines on religion in the public schools in order to clarify the rights and responsibilities of teachers and students in the public school classroom; yet, controversies and court cases over religion in the public schools still continue, and misinformation about the law continues to circulate.

TOPIC: Is the free exercise of religion adequately protected in America's public schools today? Please answer this question in the following way:
1. Select a person and/or group in your community, state or region whose present or historical rights to free exercise in the public schools are accommodated or, on the other hand, challenged by the public schools. Be specific in your description of the claim and the circumstances. (Private, parochial and home-school examples may also be utilized as illustrations of an individual or group response to First Amendment law.)
2. Identify how this particular claim is a part of the broader narrative of the right to freedom of religion, conscience or belief in the United States.


Use legal and historical analysis to analyze and evaluate this type of claim. Reference academically respected sources that give hearing to more than one side of this debate, and sources that give background on the basis for differing interpretations.


IF SUBMITTING AN ESSAY, YOUR ESSAY IS TO INCLUDE:

TITLE

Identifies the focus of your presentation.

INTRODUCTORY PARAGRAPH

Attracts the reader's attention;

Clearly states a thesis - the main point that you will make; and

Briefly outlines the other points that you will make.

BODY

Explains and describes one by one your points on the topic using:

 

1.

First Amendment analysis

 

2.

Specific current-day examples of how students' free-exercise rights are or are not protected in the public schools in your community, state or region

 

3.

Evaluation of how this compares to the broader narrative of protected free-exercise rights in public schools across the United States


CONCLUSION
Sums up your research and reviews your main points without restating them exactly. 

BIBLIOGRAPHY OR WORKS CITED
In support of your views, cites your references and validates your research.  (Refer to Guidelines for more details.)


IF SUBMITTING A VIDEO, YOUR VIDEO IS TO INCLUDE:

INTRODUCTION

Provides compelling content that hooks the viewer and draws interest to the topic.

CONTENT

Presents a clear statement of purpose and message through a rich variety of images and audio.
Displays and argues your points on the topic using:

 

1.

First Amendment analysis

 

2.

Specific current-day examples of how students' free-exercise rights are or are not protected in the public schools in your community, state or region

 

3.

Evaluation of how this compares to the broader narrative of protected free-exercise rights in public schools across the United States


CONCLUSION
Sums up your message with a clear, persuasive and memorable ending. 

BIBLIOGRAPHY
In support of your views, cites your references and validates your research.  (Refer to Guidelines for more details.)

SOME SUGGESTED RESEARCH SOURCES
(optional)
 

Clinton Administration Guidelines and the Joint Statement:

http://www.ed.gov/Speeches/04-1995/prayer.html
http://www.ed.gov/Speeches/08-1995/religion.html

Bush Administration Guidelines:

http://www.ed.gov/policy/gen/guid/religionandschools/prayer_guidance.html
http://www.ed.gov/policy/gen/guid/religionandschools/letter_20030207.html

First Freedom Center’s online video and resource manual: The Constitution and Religion in the Classroom: http://firstfreedom.org/education/CRC-Introduction.html

Davis, Derek. Oxford Handbook of Church and State in the United States. New York: Oxford University Press, 2010.

Dreisbach, Daniel L. Thomas Jefferson and the Wall of Separation Between Church and State. New York: NYU Press, 2002.

Dreisbach, Hall and Morrison. The Founders On God and Government. Lanham, Md.: Rowman and Littlefield, 2004.

Feldman, Stephen, M. Please Don’t Wish Me a Merry Christmas: A Critical History of the Separation of Church and State. New York: NYU Press, 1997.

Formicola, Jo Renee and Hubert Morken, eds. Everson Revisited: Religion, Education, and Law at the Crossroads. Lanham, Md.: Rowman and Littlefield, 1997.

Greenawalt, Kent. Religion and the Constitution: Free Exercise and Fairness. Princeton, N.J.: Princeton University Press, 2006.

Hamburger, Philip A. Separation of Church and State. Cambridge, Mass.: Harvard University Press, 2002.

Hamilton, Marci A. God vs. the Gavel: Religion and the Rule of Law. New York: Cambridge University Press, 2005.

Hitchcock, James. The Supreme Court and Religion in American Life. Princeton, N.J.: Princeton University Press, 2004.

Kramnick, Isaac and R. Lawrence Moore. The Godless Constitution: The Case Against Religious Correctness. New York: Norton, 1996.

Lambert, Frank. The Founding Fathers and the Place of Religion in America. Princeton, N.J.: Princeton University Press, 2003.

McGarvie, Mark D. One Nation Under Law: America’s Early National Struggles to Separate Church and State. Dekalb, Ill.: Northern Illinois University Press, 2004.

Noll, Mark. America’s God: From Jonathan Edwards to Abraham Lincoln. New York: Oxford University Press, 2002.

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof…. First Amendment to the United States Constitution

No Law Respecting an Establishment of Religion (disestablishment): Under the terms of this clause, the government is prohibited from enacting legislation that creates an official state religion or legislation that favors one religion over another. 

Free Exercise: This includes: (1) the freedom to believe or not; and (2) the freedom to act. The freedom of belief is absolute and never contested; but the courts place some limits on the freedom to act upon those beliefs, such as when a citizen’s civic obligation to comply with a law or rule conflicts with religious practice. For example, the courts would not hold that the First Amendment protects human sacrifice; even if is a part of one’s religion.  If a school dress code prohibits wearing T-shirts with any design or slogan on them, the courts would not hold that the First Amendment protects an exception for T-shirts bearing religious emblems. 

The discussion on the constitutional application of the establishment and free-exercise clauses continues today, long after the pivotal colonial debates ended and the laws establishing and protecting the right to freedom of conscience and freedom of religion were enacted.  Black’s Law dictionary specifies that: “the government’s interest in the law is balanced against the individual’s constitutional right to be free of the law, and only if the government’s interest is strong enough will the law be upheld.”  

America embraces and continues the ongoing dialogue to accurately define and protect religious freedom, and it manages the debate with non-violence through citizen engagement with government and the rule of law.