1st Amendment and Free Speech/Religion

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Question
My friends (not Christians as I am) asked me if I knew any Boble verses. I told them I did and quoted a rather lengthy chapter of Psalms from the Bible. One of my teachers appeared from behind the door and stated that I should have better use of my time than that, and that memorizing that was a wast of my time. I torted that those were my God's sacred words and that they are to be respected...he then walked out of the school. Was what my teacher said legal in the American school system, or am I just overreacting?  

Answer
Hi Mary,

As the courts have interpreted the free exercise clause, public school teachers may neither encourage nor discourage students with regard to religion.  His actions would probably be deemed a violation as you describe them.  However, he might argue he was not acting as a teacher but rather simply offering some friendly advice.  I cannot provide specific legal advice in this forum but you probably could pursue a legal action if you wish to consult an attorney.

If it were me, as long as this did not become a pattern of harassment, I would let it go.  As Jesus said: "Father forgive them for they know not what they do."  From a Christian perspective, he has a misguided view of the religion, but is not really doing anything to stop you from practicing yours, beyond providing his opinion.  Even if this might be deemed a constitutional violation, it would be hard to show how you were harmed.  You are obviously secure in your beliefs and are not going to be dissuaded by his expression of opinion.  If he is not treating you differently because of your beliefs, it's not worth a federal case in my view.

Of course, this is just my opinion.  If you wanted to pursue legal action, there are a number of organizations that would probably be happy to provide aid.  The American Center for Law and Justice and the Beckett Fund are two that jump to mind.

- Mike  

1st Amendment and Free Speech

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Michael Troy

Expertise

I will answer general questions regarding freedom of speech, petition, or religion. I specialize in cases involving public employment or education, as well as issues related to campaign finance. But I can`t give specific legal advice involving specific cases you might have.

Experience

As an attorney for the Center for Individual Rights, I worked on a number of free speech cases, including Rosenberger v. Univ. of Virginia, in which the Supreme Court upheld my clients' right to run a student newspaper without discrimination because of its religious conent. I also worked on White v. Julian, which protected the right of people to protest against a homeless shelter in their neighborhood.

I also worked for the Federal Election Commission on several cases regarding the right to participate in the election process.

Organizations
Former Attorney for Center for Individual Rights.

Publications
Washington Post
Washington Times

Education/Credentials
J.D. from Univ. of Michigan Law School

Awards and Honors
Truman Scholar

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