The Kountze High School permitting students to display blatantly religious banners which other students are then made to run through represents a violation of not only a violation of the establishment clause, but is a situation which is easily rectified without the threat of violating the students’ right to free speech. Where the precedents have been set for determining that the state has violated the establishment clause through Lemon v. Kurtzman, 403 U.S. 602 (1971) and Santa Fe Independent School District v. Doe, 530 U.S. 290 (2000), and precedents set through Hazelwood v. Kuhlmeier, 484 U.S. 260 (1988) and Bethel School District v. Fraser, 478 U.S. 675 (1986) indicate that the Kountze High School is capable of avoiding the establishment
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Initially, run-through banners had the purpose of encouraging athletes and fans by saying something nice about the team or disparaging about the opponents, however this purpose is undermined through the use of religious quotes and references. While the purpose of statements about the teams is understood to have an encouraging effect on the school’s team and fans, the use of religious materials is understood to have the purpose of providing that specific religious belief a platform to advance its message. In addition to the content of the messages sponsored by the school altering the purpose of the message, the inclusion of religious quotes and references changes the effect that the message …show more content…
Furthermore, the high school football game is not an open forum. Kountze High School football games are owned by the school, which means any form of speech by students at the event is school sponsored speech. School sponsored speech may be edited or censored, especially if it is promoting religion.
In Bethel, high school student Matthew Fraser gave a speech to his fellow students. His speech was to nominate another fellow classmate for a student government position and included sexual metaphors. The Court found that it was not a violation of free speech to prohibit the use of vulgar, lewd, and offensive speech. The First Amendment does not protect vulgar and lewd speech as it is inconsistent with the fundamental values of public school education.
The religious references on the run-through banners are offensive to those who do not practice that particular religion or do not practice religion at all. The Kountze ISD community includes a variety of religions including: Protestants, Catholics, Orthodox Christians, Jews, Muslims, Baha’is, Buddhists, Hindus, Jains, Jehovah’s Witnesses, Sikhs, Taosits, Unitarian Universalists, Mormons, and Zoroastrians. Not only does the school’s sponsorship of one particular set of religious beliefs act to advance a religion, but it causes a chilling effect on the free speech of the students whose beliefs aren’t represented by the
Initially, run-through banners had the purpose of encouraging athletes and fans by saying something nice about the team or disparaging about the opponents, however this purpose is undermined through the use of religious quotes and references. While the purpose of statements about the teams is understood to have an encouraging effect on the school’s team and fans, the use of religious materials is understood to have the purpose of providing that specific religious belief a platform to advance its message. In addition to the content of the messages sponsored by the school altering the purpose of the message, the inclusion of religious quotes and references changes the effect that the message …show more content…
Furthermore, the high school football game is not an open forum. Kountze High School football games are owned by the school, which means any form of speech by students at the event is school sponsored speech. School sponsored speech may be edited or censored, especially if it is promoting religion.
In Bethel, high school student Matthew Fraser gave a speech to his fellow students. His speech was to nominate another fellow classmate for a student government position and included sexual metaphors. The Court found that it was not a violation of free speech to prohibit the use of vulgar, lewd, and offensive speech. The First Amendment does not protect vulgar and lewd speech as it is inconsistent with the fundamental values of public school education.
The religious references on the run-through banners are offensive to those who do not practice that particular religion or do not practice religion at all. The Kountze ISD community includes a variety of religions including: Protestants, Catholics, Orthodox Christians, Jews, Muslims, Baha’is, Buddhists, Hindus, Jains, Jehovah’s Witnesses, Sikhs, Taosits, Unitarian Universalists, Mormons, and Zoroastrians. Not only does the school’s sponsorship of one particular set of religious beliefs act to advance a religion, but it causes a chilling effect on the free speech of the students whose beliefs aren’t represented by the