The Five Freedoms Project

You Be The Judge

Test your knowledge of the Five Freedoms and see how you match up to the courts...and fellow citizens.

December 2009

Student Religious Speech

A teacher at Dickson County Junior High School assigned a research paper to students. Each student was to sign up for the topic of his or her choice, which then required approval of any changes. Brittany Settle, a student in the class, originally signed up for a paper about drama, but later changed her topic to "The Life of Jesus" without approval. The teacher refused to accept Ms. Settle's paper and, when she refused to write on another topic, the student received a zero for the assignment. After exhausting the appeals process within the school system, Ms. Settle's father brought suit against the school, claiming that his daughter's free speech rights had been infringed. The teacher defended herself by providing six reasons for her decision.

Can a public school forbid a student from writing a research paper about Jesus?

Vote Now!

  • 33%
    A. YES

    Teachers must retain control over their classrooms and their curricula. This includes authority over grades and assignments. A student's free speech rights are not violated by having to abide by the criteria set by the teacher.

  • 28%
    B. YES

    Students at public schools have no First Amendment rights. School is a place for children to be seen, not heard.

  • 39%
    C. NO

    Students have the right to freely exercise their religion while at school, within certain reasonable boundaries. It is viewpoint discrimination to prevent a student from pursuing a topic of interest simply because a religious figure is involved.

  • Correct!

    In the 1995 case of Settle v. Dickson County School Board, a panel of judges from the Sixth Circuit Court of Appeals ruled a teacher retains control over curriculum and assignments, and this control includes the power to determine the educational requirements of an assignment and enforcement of such requirements. "Teachers … must be given broad discretion to give grades and conduct class discussion based on the content of speech," wrote Judge Gilbert S. Merritt.

  • Incorrect

    Although the First Amendment rights of public school students are limited, the U.S. Supreme Court has clearly indicated on multiple occasions that they retain certain rights, and that educators must demonstrate compelling reasons for curtailing the free speech of their students.

  • Incorrect

    This was, in effect, the logic of dissenting judge Alice M. Batchelder, who wrote: "I do not believe … that the majority correctly states the law in this regard by holding that 'learning is more vital in the classroom than free speech.'"

Remember — US Supreme Court decisions outline "the law of the land." Lower court decisions do not. Sometimes, this means different lower courts will issue contradicting opinions.

DO YOU AGREE WITH THE COURT’S DECISION? WHY OR WHY NOT?

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