An 8th grader in New York, wanted to offer a prayer during a school sanctioned activity. She was barred by school officials from doing so. She, in turn, sued to protect her First Amendment right. Her claim was dismissed. A federal court decided that censoring the prayer was reasonable.
On the flipside: A 16 year old in Rhode Island sued the school to have an 8 foot prayer mural removed from the high school auditorium wall. She was successful.
My opinion: School prayers will continue to be a touchy constitutional subject. I have a right to choose my own religion, or to choose no religion. This freedom is very important to me. I want to be respected and allowed to honor my beliefs. I also want to respect others and allow them to honor thier beliefs. If I want to pray while in school, I should be able to pray. But should others who don't believe in prayer have to listen to the prayer? I don't think they should. I think a moment of silence is appropriate at certain times to allow those wanting to pray, pray silently.
http://www.theatlantic.com/national/archive/2012/01/the-devilish-details-of-school-prayer/252197/
If one has the supposed "right" to not be made to physically hear what someone has to say under their 1st amendment free speech guarantees, and that "right" supersedes other’s free speech rights, then that “right” in effect violates the constitutionally guaranteed, actual right to free speech. And this supposed "right," this notion of "freedom from not being offended/hearing something" in effect prevents people from exercising their 1st amendment free speech right, which can’t be done. Therefore, I respectfully disagree; nobody has a right not to be subject to free speech, especially in a public arena such as a public school, because speech always has a right to be made; no one is forced to believe in the free speech, nor believe in religion, but no one can be prohibited from uttering their free speech or freely practicing their religion, no matter the public environment or atmosphere. And by public, I mean areas owned by the public and paid for by the public, such as a public school, which is essentially owned and run by the government, AKA the people. Everyone has a right to close their own ears and minds and not listen to or believe the free speech of others and the religious practice of others, but the minute they have the supposed "right" to not actually physically hear the free speech or see the free practice of religion by prohibiting them from happening in publicly owned areas, because they are offended by such acts or speech, they are granted the authority to actually violate the constitution, thus breaking the laws of the land, all because they prohibited someone from exercising their free speech and free exercise of religion rights.
ReplyDeleteNow private property and privately owned institutions are a different matter altogether. But I aim my comments above at public property and public institutions.
But then there's the whole issue of whether we can then permit swearing and other foul language at public schools, as a means of free speech. Do I have a right to not have to hear foul language in public settings on public property and at public institutions? According to my logic outlined up above, no I don't have such a right. People have a right to use foul language, and I have a right not to use foul language and to be offended at and even speak out against using it, but I can't lawfully prohibit someone from using foul language or utilize the school in prohibiting its use by others.
My own opinions and the legality or otherwise of the issue aside, I think you propose a sensible solution in allowing for a time of silent "reflection" where a person may chose to (or not) say a prayer.
ReplyDeleteIn any event, Casey makes an interesting point with regards Free Speech.
Doesn't the President hold a regular non-denominational "prayer breakfast" at the White House? Each time a different religious leader is asked to offer a prayer.
Is that any different to prayer in public schools?
I do not see that it is any different than school prayers. Perhaps the difference is that the President has more privileges than the rest of us!
DeleteI think this issue will always be an issue. Who is right the one wanting to pray and the one not wanting to? To me there will never be a solution that pleases all parties. Someone will always be wronged in situations like these.
ReplyDeleteI agree with Sarah as far as allowing a moment of silence for everyone to silently say their own prayer or just a moment where they can collect their thoughts if they don't generally pray. It's a personal choice and it should be kept personal. Having said that, by giving a moment of silence we can appease both sides of this debate by allowing time for a prayer without offending anyone with our religious choice. For some of us, prayer is a part of our school day.
ReplyDeleteI also agree with Sarah that a moment of silence is appropriate for everyone. It will be their own choice of thought during that moment.
ReplyDelete