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The First Amendment & Mandated Prayer in Public Schools

 

            "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.".
             The First Amendment embodies the most basic liberties guaranteed to Americans. It affirms freedom of the individual by prohibiting the government from denying citizens their rights. The First Amendment protects religious liberty, freedom of expression, and guarantees that we may associate with people and join groups of our choosing, and in doing so lobby the government to support our beliefs. There are many organizations which are dedicated to upholding the First Amendment, and educating the public about their First Amendment rights. The Freedom Forum is one of these organizations.
             In their "watchdog" role, the Freedom Forum publishes the "Outrage of the Week" column, which identifies incidents in which First Amendment rights are threatened or denied. In a "First Amendment Outrage" article, published on October 23rd, 2001, the Freedom Forum brings attention to Texas Governor Rick Perry's election campaign platform which includes his intention to "legalize official school prayer".
             The First Amendment right which is threatened by Governor Perry's campaign "promise" is that which prohibits government interference in the individual's "free exercise" of religion. A law which would establish school-sponsored (which is effectively state-sponsored), officially directed prayer, such as in assemblies or classes where attendance is required, would be therefore be unconstitutional. The Supreme Court's decision in the 1962 Engel v. Vitale (Freedom Forum 2001) case made clear that state-sponsored prayer is precisely what the establishment clause of the First Amendment was written to prevent. The distinction that should be made, however, is that while the First Amendment prohibits officially directed prayer, it does not dictate that public schools must be religious-free zones, nor does it forbid religious expression during the school day.


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