The First Amendment and Its Impact on Education Essay Example

The First Amendment and Its Impact on Education Essay Example The First Amendment and Its Impact on Education Essay The First Amendment and Its Impact on Education Essay The First Amendment and its Impact on Education Patricia Thomas AED/204 Gail Cargile November 4, 2010 Battle over Pledge Arguments over the Pledge and specifically over the phrase â€Å"under God,† have caused people to wonder about the First Amendment stating â€Å"Congress shall make no law respecting an establishment of religion. † California has already banned the Pledge in three public school districts due to the reference to God. Public schools are funded by the government and the phrase conflicts with the government’s endorsement of a religion. The phrase â€Å"under God† was not part of the original Pledge, it was added in 1954. Some argue that the phrase divides us on a religious basis. Students are not required to say the Pledge of Allegiance or they can say it, and just omit the â€Å"under God† phrase while reciting, the Supreme Court ruled in 1943. Battle over the Pledge. Weekly Reader News-Senior, 84 (10), 2. (2005). Retrieved from MasterFILE Premier Database on November 4, 2010. Stand on Ceremony Some say that school children understand that the Pledge of Allegiance is a patriotic exercise and not a religious one. Others are under the argument that a prayer in school or at school ceremonies puts the students and attendees in the midst of a religious ceremony. For example, graduation ceremonies typically will make some sort of religious reference whether through a speech or a prayer, but students do not have to attend graduation, they do have to attend school where the debate is over the Pledge. Some are arguing that the Pledge and other examples that are being used to show how religion has made its way into government functions are simply ceremonial and patriotic. Others argue that this interferes with the separation of church and state. Stand on Ceremony. New Republic, 229 (18), 11. (2003). Retrieved from Academic Search complete database on November 4, 2010. Is Student-Led Prayer at Public High School Football Games Unconstitutional? The Sante Fe Independent school district in 1995 adopted a policy that allowed students to select a classmate to deliver a â€Å"message or invocation† prior to home football games. Many students and their parents filed suit over the school policy stating that it was a violation of the First Amendment. Arguments are that it violates the student’s right to free speech however counter arguments are that allowing the students free speech will violate the Establishment Clause and the mandated separation of church and state. Sekulow, J. (2000). Is Student Led Prayer at Public High School Football Games Unconstitutional? Supreme Court Debates 3, (5), 142. Pro and Con. Retrieved from MasterFILE Premier Database on November 4, 2010 Saving the Pledge The House of Representatives voted to strip the court of jurisdiction in September 2004 with the Pledge Protection Act not allowing any Pledge case to go through federal courts. The Pledge Protection Act prevents all federal courts from hearing cases that challenge the constitutionality of the Pledge. Those in favor of keeping the phrase â€Å"under God† in the Pledge should hope that the Senate will kill the Protection Act for it may increase the chance that â€Å"under God† will be found unconstitutional. This leaves some states to keep the phrase and some to dismiss it due to confusion in the courts. Students cannot be punished for not participating in the Pledge. The argument really comes down to interpretation of the phrase itself. Some say that the â€Å"under God† phrase is historical and patriotic and stands for what our country was founded for, freedoms. Other says that it was not part of the original Pledge and should be omitted. Munoz, V. , Saving the Pledge. First Things: A Monthly Journal of Religion and Public Life, (149), 8-10. (2005). Retrieved from Academic Search Complete database on November 4, 2010.