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Courts have held that such inclusions of religious matters do not violate the Establishment Clause so long as: (1) they are presented objectively; (2) no disruption occurs; and (3) they are relevant to the subject matter.89
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Nevertheless, the court held that school officials could restrict him from reading from his Bible or leaving it on his desk during the school day because “[w]hen viewed from the eyes of the children in Mr.
Roberts’ reading of the Bible during the reading period provided a ‘crucial symbolic link between the government and religion.’”51 Thus, the Court held that school officials could restrict Roberts’ free speech and free exercise rights in order to avoid violating the Establishment Clause.
Student rights in higher education ..
To permit him to discuss his religious beliefs with students during school time on school grounds would violate the Establishment Clause of the First Amendment.57
Appleby, a federal district court recognized that a school guidance counselor need not avoid all discussion of religious matters with a student, particularly where the student initiates the conversation.55
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Rapides Parish School Board, a federal district court held that a school principal violated the Establishment Clause by distributing Bibles to students.
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Beyond these instances, however, teachers may not disseminate religious literature to students at school because courts have held that such activities violate the Establishment Clause.65 In Jabr v.
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There was no secular purpose for the distribution of the Bibles, the primary effect of the Bible distribution was to advance religion, the distribution conveyed a message of endorsement of Christianity, and the principal’s position as an authority figure coerced the students into accepting the Bibles.66 Thus, outside of the context of a teacher’s permissible assignments pertaining to study about religion or comparative religion, teachers may not distribute religious literature or advertisements for religious activities at school.
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However, if the school has a general policy prohibiting teachers from holding organized meetings unrelated to school business on school grounds, it may apply that policy to prohibit teachers from holding organized religious meetings on school grounds as well.60 Thus, to the extent that school facilities are open for other of teachers to use the facilities for meetings about non-religious matters, the facilities should also be open to groups of teachers who wish to pray or study their Bibles together.
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As demonstrated above, courts have reached different conclusions as to the constitutionality of teachers’ conversations about religious beliefs with students on school grounds outside instructional time.
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Applying the Tinker test, the court found no evidence of any material disruption of order in the school or any violation of others’ rights and thus held that this order infringed on the teacher’s right to use outside speakers as a method of teaching the proscribed curriculum.83 The court also held that the order violated the equal protection clause because it was intended to silence a particular viewpoint (Communism).84 The court said that the desire to avoid the discomfort that accompanied this unpopular viewpoint did not justify the order.85 Nevertheless, if a school had a policy prohibiting all non-students or faculty members from access to the school during nstructional hours, the policy could probably be applied to prevent a teacher from bringing outside peakers, including speakers with a religious viewpoint, into the classroom.
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