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Religion in Schools in the United States  

Suzanne Rosenblith

The relationship between religion and public education has been fraught with misunderstanding, confusion, tension, and hostility. Perhaps more so than other forms of identity, for many, religion evokes a strong sense of exclusivity. Unlike other forms of identity, for many, particularly the religiously orthodox, religious identity is based on a belief in absolute truth. And for some of the orthodox, adherence to this truth is central to their salvation. Further, unlike cultural identity, religion is oftentimes exclusive in its fundamental claims and assertions. In short, matters of religious faith are indeed high stakes. Yet its treatment in public schools is, for the most part, relatively scant. Some of this is because of uncertainty among educators as to what the law permits, and for others it is uncertainty of its rightful place in democratic pluralistic schools.

Article

Liberalism in American Religious History  

Matthew S. Hedstrom

Liberalism describes an interrelated set of political and religious frameworks that grew out of the Enlightenment and the English, American, and French revolutions, though the term itself dates only from the early 19th century. Liberalism values individual rights and freedoms, secular rule of law, and reasoned public discourse, and has become the dominant political and economic philosophy of the Western democracies. Critics argue that there are oppressions entailed in this dominance, especially for women and racial, religious, and sexual minorities—members of groups that stand outside liberalism’s implicit, normative subjectivity—while proponents contend that liberal individualism has provided the conceptual framework for civil and human rights movements. Liberalism has shaped religion in the West in two interrelated senses. As a political philosophy, liberalism considers religion to be a matter of personal conscience and free association, and advocates broad (if always imperfectly applied) religious freedoms. The religion clauses of the First Amendment to the United States Constitution represent the quintessential legal forms of liberalism regarding religion. Liberalism has also greatly shaped religious thought and practice, especially among European and North American Protestants. Religious liberals have sought to apply reason, modern scientific and scholarly advances, and notions of minority rights and freedom of conscience to theology and ethics. Religious liberalism has shaped mainline Protestantism and related religious movements such as Unitarianism and Quakerism most especially, but also laid the groundwork for the growth of post-Protestant and post-Christian forms of spirituality. Given the historic dominance of Protestantism in the United States, Protestant liberalism has determined the nature of American secularism and thereby required theological and political adaptation from religious minorities, most notably Roman Catholics and Jews.

Article

The Separation of Church and State in the United States  

Steven K. Green

Separation of church and state has long been viewed as a cornerstone of American democracy. At the same time, the concept has remained highly controversial in the popular culture and law. Much of the debate over the application and meaning of the phrase focuses on its historical antecedents. This article briefly examines the historical origins of the concept and its subsequent evolutions in the nineteenth century.

Article

Alexander, Chauncey A.  

Paul A. Abels

Chauncey A. Alexander (1916–2005) was Executive Director of the National Association of Social Workers from 1967 to 1982 and founder and president of the First Amendment Foundation. He was instrumental in developing an International Code of Ethics for social workers.

Article

Freedom of the Press  

Sam Lebovic

According to the First Amendment of the US Constitution, Congress is barred from abridging the freedom of the press (“Congress shall make no law . . . abridging the freedom of speech, or of the press”). In practice, the history of press freedom is far more complicated than this simple constitutional right suggests. Over time, the meaning of the First Amendment has changed greatly. The Supreme Court largely ignored the First Amendment until the 20th century, leaving the scope of press freedom to state courts and legislatures. Since World War I, jurisprudence has greatly expanded the types of publication protected from government interference. The press now has broad rights to publish criticism of public officials, salacious material, private information, national security secrets, and much else. To understand the shifting history of press freedom, however, it is important to understand not only the expansion of formal constitutional rights but also how those rights have been shaped by such factors as economic transformations in the newspaper industry, the evolution of professional standards in the press, and the broader political and cultural relations between politicians and the press.

Article

Council on American-Islamic Relations  

Vincent F. Biondo III

The Council on American–Islamic Relations (CAIR) is the premier civil rights organization for Muslims in the United States. Founded in Washington, DC, in 1994 with an emphasis on public relations and media communications, over two decades it has expanded to about two hundred employees at thirty-two offices in major US cities in nineteen states, according to its official website. The organization emphasizes that it is structured so that these offices operate independently. In addition to tracking hate crimes, these offices provide or arrange for legal services in areas such as civil rights, immigration, and homeland security. The story of the organization’s growth and success reveals key issues for American Muslim involvement in politics, including those surrounding the First Amendment and the intersection of religion and race. In 2016, the National Board named its first female Chair, Roula Allouch, a lawyer from Cincinnati, who in the University of Kentucky’s Law School alumni magazine was described as “the only Muslim in her class,” and a person who “knows how to put people at ease . . . to break down misconceptions [and] seek peace.” The CAIR Board has become more diverse and representative since its founding and has ventured into defending non-Muslims from civil rights violations. Today CAIR describes its mission on its national website and in many state office annual reports as follows: “To enhance understanding of Islam, encourage dialogue, protect civil liberties, empower American Muslims, and build coalitions that promote justice and mutual understanding.” While it is primarily a civil rights organization, since its founding the organization’s leaders have found it necessary to counter misinformation by introducing educational information about Islam. Key civil rights efforts it has engaged in include support for thousands of immigration and religious discrimination cases every year, documenting hate crimes in annual reports, and challenging anti-shari’ah legislation. CAIR further leads educational efforts by coordinating diversity training sessions, a public library project, and media appearances.

Article

Political Contempt and Religion  

Nathan C. Walker

A society’s political and legal treatment of religion is a distinct indicator of the health of a democracy. Consequently, high levels of political and legal contempt for religion in the United States can be an indicator that partners in American democracy may be going through a divorce. By drawing upon studies that measure voter attitudes and behaviors, as well as research that tracks the levels of social hostilities and violence toward religion, students of democracy see into two of society’s most revealing mirrors: political rhetoric and the nation’s laws. These reflections can unveil powerful questions about the true character of a nation: will democracy rule from a place of contempt for the religious other, or from a state of passive political tolerance, or from a constitutional commitment to actively protect the rights of those with whom we disagree? Theories of political tolerance and psychological studies of contempt prove helpful in examining contemporary levels of religious animosity in politics and law. The Religious Contempt Scale, as introduced in this essay, gauges a society’s willingness to tolerate the religious other. When special attention is given to the frequency and degrees of severity of expressions of contempt, it becomes clear that contempt has political utility: to motivate the intolerant to gain access to power and, in turn, to motivate those who are intolerant of intolerance to remove them.

Article

Freedom of Speech  

Jonathan Riley

John Stuart Mill is a liberal icon, widely praised in particular for his stirring defense of freedom of speech. A neo-Millian theory of free speech is outlined and contrasted in important respects with what Frederick Schauer calls “the free speech ideology” that surrounds the First Amendment of the U.S. Constitution, and with Schauer’s own “pre-legal” theory of free speech. Mill cannot reasonably be interpreted to defend free speech absolutism if speech is understood broadly to include all expressive conduct. Rather, he is best interpreted as defending an expedient policy of laissez-faire with exceptions, where four types of expression are distinguished, three of which (labeled Types B, C, and D) are public or other-regarding, whereas the fourth (labeled Type A) is private or self-regarding. Types C and D expression are unjust and ought to be suppressed by law and public stigma. They deserve no protection from coercive interference: they are justified exceptions to the policy of letting speakers alone. Consistently with this, a moral right to freedom of speech gives absolute protection to Type B public expression, which is “almost” self-regarding. Type A private expression also receives absolute protection, but it is truly self-regarding conduct and therefore covered by the moral right of absolute self-regarding liberty identified by Mill in On Liberty. There is no need for a distinct right of freedom of expression with respect to self-regarding speech. Strictly speaking, then, an expedient laissez-faire policy for public expression leaves the full protection of freedom of private expression to the right of self-regarding liberty. An important application of the neo-Millian theory relates to an unjust form of hate speech that may be described as group libel. By creating, or threatening to create, a social atmosphere in which a targeted group is forced to live with a maliciously false public identity of criminality or subhumanity, such a group libel creates, or significantly risks creating, social conditions in which all individuals associated with the group must give up their liberties of self-regarding conduct and of Type B expression to avoid conflict with prejudiced and belligerent members of society, even though the libel itself does not directly threaten any assignable individual with harm or accuse him or her of any wrongdoing of his or her own. This Millian perspective bolsters arguments such as those offered by Jeremy Waldron for suppressing group libels. America is an outlier among advanced civil societies with respect to the regulation of such unjust hate speech, and its “free speech ideology” ought to be suitably reformed so that group libels are prevented or punished as immoral and unconstitutional.

Article

Civil Rights and Schools: Tinker v. Des Moines  

Kathryn Schumaker

The 1969 Supreme Court ruling in Tinker v. Des Moines established that students in public elementary and secondary schools do not “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” Before Tinker, students often faced punishment from school officials for their role in protests both on and off campus. A rise in civil rights protests and the role of young people in the social movements of the 1960s led to frequent conflicts between students and school administrators. Many black students were especially vocal in contesting racial discrimination at school in the two decades following the 1954Brown v. Board of Education decision. But before Tinker, students in public elementary and secondary schools were not considered to have any constitutional rights, including the right to free expression. Some of these students brought lawsuits in response to punishments they believed unfairly disciplined them for participating in legitimate protests. The political activism of young people and developments in First Amendment law eventually brought the Constitution into the public school classroom, leading to Tinker and other cases that established students’ rights.

Article

Students’ Rights  

Elizabeth Palley

To help their clients and to further the goal of “challeng[ing] social injustice,” all social work practitioners must be aware of students’ rights. Though school law is largely regulated by states, there are some overarching federal laws and Constitutional provisions that provide rights to all students. This article includes a review of the major federal laws and cases that affect students’ rights.

Article

Space and Church–State Controversies in America  

John C. Blakeman

Issues of church and state are an important element of American religious history and politics. Church–state issues frequently concern the extent of government regulation over religious groups and individuals, and they address fundamental issues, from the constitutional limits on government regulation of religiously inspired conduct to state and local government zoning of religious congregations and property owned and used by religious groups. Space is often a part of church–state issues. Beginning with early debates over religious liberty in the Puritan colonies in the 1600s, and again during the American Revolution and framing of the U.S. Constitution between 1775 and 1790, spatial conceptions of the proper role between church and state, and between government and religion, are prominent. Two fundamental thinkers on American religious liberty, the Puritan minister Roger Williams and the constitutional framer James Madison, illustrate this dimension of church–state relations. Disputes over space, church, and state are often resolved by the court system through litigation, or through the political process. Such disputes often stem from government policies and regulations that affect how a congregation or religious group uses its own property. For instance, zoning and other municipal ordinances may affect and burden how a religious group uses its property and even interfere with a group’s religious mission. Religious beliefs may compel a congregation to use its property to engage in charitable works, yet it may be prohibited from doing so due to government regulations on how its property can be used. Or when a congregation seeks to expand its facilities to attract more members, or even build a new worship center elsewhere, it may encounter government policies that regulate its ability to do so. Other disputes over space arise when government regulation of public property affects a religious group’s use of it. For example, some religious groups stake a sacred claim to land or other space owned by the government. However, government regulations concerning how the land is used might interfere with a group’s ability to act upon its sacred beliefs. In some cases, religious groups may seek to use public property for religious purposes and activities, such as the display of a religious symbol or for proselytizing to the public, and government policies may prevent that in order to avoid violating the Constitution’s ban on government establishment of religion in the First Amendment. A final view of space and church–state issues is more conceptual and less grounded in tangible space, land, and property. Some religious groups seek a more abstract, intangible space between them and government regulation. Groups such as the Old Order Amish that seek to separate from the world will erect a buffer space between themselves and government regulation, so as to preserve the purity, and sanctity, of their way of life that is inextricably linked to their specific religious beliefs.