Should Prayer Be Allowed in Public Schools?

Should Prayer Be Allowed in Public Schools?

Allowing prayer in public schools remains a compelling and often heated issue for many Americans. Is a student-led Lord's Prayer acceptable before the big game on Friday night? What about a two-minute "moment of silence" during home room? Of course, this isn't simply a matter of prayer itself but a representation of a much larger, more encompassing topic: Where does the line exist between religious freedom and religious imposition?

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Rutherford Institute

Student-Initiated Prayer is a Protected Form of Free Speech.

The Rutherford Institute

It is well settled that the First Amendment fully protects the free speech rights of students. Moreover, the Supreme Court has emphasized that religious speech is entitled to the same protections as secular speech under the First Amendment.

 In this way, student-initiated prayer is a form of private speech that is constitutionally protected in the public schools. For public school students, this means that they may pray privately over their lunch, before a test or in any number of situations that may arise during the normal course of a school day. Students may also pray alone or with fellow students during non-instructional time to the same extent that they may engage in other nonreligious or free expression activities. Additionally, students have the right to promote and participate in their “See You at the Pole” events—student-initiated and student-led annual prayer gatherings held at local school flagpoles.

In keeping with U.S. Supreme Court precedent, school officials may not restrict students from exercising their right to free speech and religious expression at any time during the normal course of a school day as long as their speech is not vulgar, lewd or plainly offensive, does not cause a substantial disturbance in the school or invade the rights of others. Thus, students may speak to other students about their religious beliefs; read their Bibles; distribute religious literature; address their religious beliefs in a class assignment; and wear religious symbols/T-shirts.

Evidence

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Capitol Square Rev. & Advisory Bd. v. Pinette
515 U.S. 753, 760 (1995)
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Bd. of Educ. v. Mergens
496 U.S. 266, 250 (1990)
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Tinker, id., and Bethel Sch. Dist. v. Fraser
478 U.S. 675 (1986)
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