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ERIC Number: EJ745139
Record Type: Journal
Publication Date: 2006
Pages: 6
Abstractor: ERIC
ISBN: N/A
ISSN: ISSN-0009-8655
EISSN: N/A
Student Distribution of Religious Fliers in Public Schools: Ten Ways to Invite a Lawsuit
Essex, Nathan L.
Clearing House: A Journal of Educational Strategies, Issues and Ideas, v79 n3 p138-143 Jan-Feb 2006
This article address the legal and constitutional issues surrounding how far school leaders can go in restricting distribution of materials that are viewed as religious in nature. Does restricting the student's right to distribute the flyer amount to a suppression of free speech based on content? Does the principal's action constitute unlawful viewpoint discrimination? Will allowing the student to distribute religious fliers in school suggest that the school endorses religion? Does the type of forum established by the school affect distribution of religious literature by students? It is noted that, although public school students do not possess the same level of First Amendment protection that adults enjoy, their constitutional rights are not lost when they enter school. Section headings in this article are: (1) Forum Analysis and the Judiciary; (2) Viewpoint Discrimination, (3) Religion and First Amendment Rights; (4) First Amendment Rights Restrictions; (5) Equal Access Act; (6) Precedent Cases; and (7) Status of Recent Lawsuit. The author notes that school leaders must achieve the proper balance between maintaining a neutral position regarding religious issues in their schools while demonstrating sensitivity to the constitutionally protected rights of students that admittedly can be difficult to achieve. Failure to do so runs the risk of inviting lawsuits that can prove to be costly to their school district in both time and money. School leaders are advised to consult with legal counsel to prevent costly lawsuits and enable school leaders to operate within legal boundaries regarding First Amendment mandates.
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Publication Type: Journal Articles; Reports - Descriptive
Education Level: N/A
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A
Identifiers - Location: New York
Identifiers - Laws, Policies, & Programs: First Amendment
Grant or Contract Numbers: N/A