Freedom of Expression and Religion

Subject: Sociology
Pages: 8
Words: 1155
Reading time:
5 min
Study level: PhD

The United States Constitution is one of the most important documents that determine the rights of all citizens in the country. It protects human freedoms, provides appropriate government, and place necessary limitations to support control and order. The U.S. Constitution consists of several important amendments in terms of which fundamental laws and basic rights are introduced. The First Amendment identifies the freedoms of religion, speech, press, and assembly. Students are all those future lawmakers, attorneys, and business owners who have to understand what regulations they should follow in regard to the existing law. There are also the citizens of the United States, and the First Amendment is an official document that explains freedoms the support of which is crucial on university campuses. This paper aims at discussing the way of how the courts have shaped the laws related to the First Amendment and evaluating the legal issues of campus life through the prism of the U.S. Constitution.

First Amendment Essence

The First Amendment was adopted in 1791 pursuing the goal to constitute the Bill of Rights. There are five main areas that are covered in this amendment, including the freedom of speech (or expression), the freedom of religion (its establishment and exercising), the freedom of the press (e.g. the distribution of information), the freedom of assemble (a promotion of collective thoughts in groups), and the freedom of petition (communication with the government). The text of the First Amendment does not take much space. Still, its quality, essence, and impact help to regulate a number of conflicts and support millions of people. It is said:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. (Legal Information Institute, n.d., para. 2)

The US citizens are free to communicate, create groups, and discuss what they want. On the one hand, they cannot ignore certain rules and regulations that support the order in the country. On the other hand, people have their freedoms, and they can protect themselves regarding their own needs, intentions, and goals. An understanding of the legal rights and freedoms is an important step that has to be taken in higher education. The chosen amendment is not absolute, and the courts, as well as students and faculty members, have to learn how to use this legally approved document.

First Amendment and the Courts: Speech, Religion, Assembly, and the Press

Despite plentiful attempts to promote clear regulations and support an order on campus, there are still a number of situations when students or faculty members have to protect their rights and discuss different situations in the courts. The courts possess enough powers to investigate different cases. As a rule, court representatives rely on the information given in the U.S. Constitution and the Bill of Rights in order to use the same regulations and norms for all citizens and make sure that all parties have similar responsibilities and opportunities. The courts have shaped the law that is related to the First Amendment in a certain way. The U.S. Constitution is a source of individual rights (Kemerer & Sansom, 2013). The First Amendment is a possibility to protect the rights of individuals and facilities with respect to the general norms. For example, every person has a right to speak freely and share information on different subjects in different forms. However, at the time, a person should take certain responsibilities for everything spoken or written and never abuse the law.

The courts shaped the law in different ways, and the appearance of the First Amendment was a significant contribution to the existing system of education and the behaviors supported in classrooms. There are many examples where the power of the First Amendment was used to support the ideas of particular individuals. For example, the case of Edward Schempp proved Bible readings in public schools as a part of education being unconstitutional (Abington School District v. Schempp, 1963). Students should never be involved in religious education against their free will. It is wrong to impose religious beliefs and make them compulsory on campus. Free speech in public schools is another theme that is frequently discussed in the courts. Bethel School District No. 403 v. Fraser case (1986) showed how the right of free speech could be understood, used, violated, and resulted in student suspension. Despite Fraser’s attempts to use his rights and free speech as a tool to share information, he was informed that his words and approaches did not meet the policies of the school he belonged to. His suspension was not a violation of the First Amendment but a disciplinary action of the administration.

These courts and the decisions demonstrated unclear and doubtful points defined in the First Amendment. To avoid similar misunderstandings and have enough clear grounds to support or oppose the decisions of individuals and organizations in their intentions to share own thoughts, approaches, and decisions, the Lemon test was introduced proving that a clear purpose, an effect, and an entanglement should matter (The Harvard Law Review Association, 2012). This test was the result of the court case of Lemon v. Kurtzman (1971) when an attempt to use teachers’ salaries for private schools’ reimbursement under certain religious beliefs was made. The effects of this case were frequently observed in many courts, including the case of Edwards v. Aguillard (1987) when teaching creationism was questioned. This test can also be used to clarify the conditions and legal, as well as ethical, implications under which the creation of campus assembles may be justified. Every assembly should have a purpose and a positive effect on a community.

In addition to the freedoms of speech and religion on campus, much attention is paid to the legal issues that support the freedoms of assembly and the press. Horwitz (2013) used several court cases to prove the contrast between the First Amendment and the old press (when newspapers and magazines had to be edited and proofread a lot in order to be published) and the new press (that has already gained some new aspects because of the appearance of such media tools as the Internet that is available to all people despite their age, religion, and education background). The Internet activities are hard to control, and the courts continue using the First Amendment to support people in their intentions to share their opinions and facilities in their intentions to promote discipline.

All these court cases and decisions prove that the First Amendment may have power and impact on the relationships students and faculty workers should develop on campus. Still, not all people clearly understand this part of the law, and new regulations or additional explanations may be required. Freedoms may have different sides, and it is not always possible to make a right choice from the first attempt.

References

Abington School District v. Schempp, 374 U.S. 203. (1963). Web.

Bethel v. Fraser, 478 U.S. 675. (1986). Web.

Edwards v. Aguillard, 482 U.S. 578. (1987). Web.

The Harvard Law Review Association. (2012). First amendment – Free speech in schools – Ninth circuit holds that teacher speech in school-related settings in necessarily government speech. – Johnson v. Poway Unified School District, 658 F.3d 954 (9th Cir. 2011). Harvard Law Review, 125(7), 1868-1875. Web.

Horwitz, P. (2013). First amendment institutions. Cambridge, MA: Harvard University Press.

Kemerer, S., & Sansom, P. (2013). California school law (3rd ed.). Stanford, CA: Stanford Law Books.

Legal Information Institute. (n.d.). U.S. Constitution: First Amendment. Web.

Lemon v. Kurtzman, 403 U.S. 602 (1971). Web.