Who Violated the 1st Amendment?

SLAM: debunk creationism, pseudoscience, and superstitions. Discuss logic and morality.

Moderator: Alyrium Denryle

User avatar
Darth RyanKCR
Youngling
Posts: 146
Joined: 2004-12-29 10:09pm

Who Violated the 1st Amendment?

Post by Darth RyanKCR »

The child or the principal?


Link: http://www.thebostonchannel.com/educati ... etail.html
Family Sues Over Bible Study Ban During Recess
School Board Rules Recess Not Free Time

POSTED: 1:11 pm EDT June 9, 2005
UPDATED: 1:19 pm EDT June 9, 2005

KNOXVILLE, Tenn. -- A 10-year-old boy and his parents are suing the youngster's school in Knoxville, Tenn., after the principal made them stop studying the Bible during recess.

The lawsuit said that fourth-grader Luke Whitson and some of his friends began a Bible study at recess during the school year, but another parent complained to the principal.

The Whitsons said the principal "demanded that they stop their activity at once, put their Bibles away and, from that point forward, cease from bringing their Bibles to school."

School officials declined comment.

But last month, the Knox County Board of Education said that while reading the Bible is acceptable during free time, recess is not considered free time.

The Whitsons' attorney said it should be.
User avatar
Frank Hipper
Overfiend of the Superego
Posts: 12882
Joined: 2002-10-17 08:48am
Location: Hamilton, Ohio?

Post by Frank Hipper »

If recess isn't free time, it isn't free time. I personally don't see why it shouldn't be, but that's the way it is.
Image
Life is all the eternity you get, use it wisely.
User avatar
Mr Bean
Lord of Irony
Posts: 22459
Joined: 2002-07-04 08:36am

Post by Mr Bean »

Recess is to try and get people moving, not sitting down and quitely reading.

That said if the school is not providing any activies besides "Go out there and run around in circules" then it should be free time and the kids are right on this one.

"A cult is a religion with no political power." -Tom Wolfe
Pardon me for sounding like a dick, but I'm playing the tiniest violin in the world right now-Dalton
User avatar
GrandMasterTerwynn
Emperor's Hand
Posts: 6787
Joined: 2002-07-29 06:14pm
Location: Somewhere on Earth.

Post by GrandMasterTerwynn »

The answer: Recess is still school time. As the school is a public institution funded by government monies, religion has no place in the school. Otherwise, it's a violation of the seperation clause.
User avatar
DPDarkPrimus
Emperor's Hand
Posts: 18399
Joined: 2002-11-22 11:02pm
Location: Iowa
Contact:

Post by DPDarkPrimus »

There are no details whatsoever provided about how exactly they were "studying the Bible", so excuse me if I'm a bit skeptical about the validity of the complaint.

The "you can't stop someone from bringing a Bible to school!" argument doesn't work if the person is using the Bible to be disruptive.
Mayabird is my girlfriend
Justice League:BotM:MM:SDnet City Watch:Cybertron's Finest
"Well then, science is bullshit. "
-revprez, with yet another brilliant rebuttal.
User avatar
Shroom Man 777
FUCKING DICK-STABBER!
Posts: 21222
Joined: 2003-05-11 08:39am
Location: Bleeding breasts and stabbing dicks since 2003
Contact:

Post by Shroom Man 777 »

If he wasn't, then there's nothing wrong, right?
Image "DO YOU WORSHIP HOMOSEXUALS?" - Curtis Saxton (source)
shroom is a lovely boy and i wont hear a bad word against him - LUSY-CHAN!
Shit! Man, I didn't think of that! It took Shroom to properly interpret the screams of dying people :D - PeZook
Shroom, I read out the stuff you write about us. You are an endless supply of morale down here. :p - an OWS street medic
Pink Sugar Heart Attack!
Fleet Admiral JD
Jedi Master
Posts: 1162
Joined: 2004-12-27 08:58pm
Location: GO BU!
Contact:

Post by Fleet Admiral JD »

The Constitution says that the government will not hinder or sponser religion. Let the kids read, and don't help them, but don't stop them.
Parrothead | CINC HABNAV | Black Mage In Training (Invited by Lady T)

The Acta Diurna: My blog on politics, history, theatre tech, music, and more!
Pick
Sith Marauder
Posts: 3690
Joined: 2005-01-06 12:35am
Location: Oregon, the land of trees and rain!

Post by Pick »

First Amendment doesn't come into it. At school, you do what you're told. That's how it works. If they say put down the damn Bible and run around like a snot-nosed little dork, then you do it. If their recess is designed for that and they tell it so, then that's what you have to comply with.
"The rest of the poem plays upon that pun. On the contrary, says Catullus, although my verses are soft (molliculi ac parum pudici in line 8, reversing the play on words), they can arouse even limp old men. Should Furius and Aurelius have any remaining doubts about Catullus' virility, he offers to fuck them anally and orally to prove otherwise." - Catullus 16, Wikipedia
Image
User avatar
Haruko
Jedi Master
Posts: 1114
Joined: 2005-03-12 04:14am
Location: California
Contact:

Post by Haruko »

Your in school property, yes, but recess is free time. Anyone even read the definition of recess? As long as the kid wasn't proselytizing, they should have let him be. Is there actually rules in that school stating that students are not permitted to read during recess? Or is it that it's because he was reading the Bible, specifically?
If The Infinity Program were not a forum, it would be a pie-in-the-sky project.
Faith is both the prison and the open hand.”— Vienna Teng, "Augustine."
User avatar
Haruko
Jedi Master
Posts: 1114
Joined: 2005-03-12 04:14am
Location: California
Contact:

Post by Haruko »

I apologize for my ignorance towards a specific passage of the above article. This Bible study group may have been encouraging kids to take part or feel left out. Or something like that.

Also... I meant "you're", not "your". >_<
If The Infinity Program were not a forum, it would be a pie-in-the-sky project.
Faith is both the prison and the open hand.”— Vienna Teng, "Augustine."
User avatar
The Grim Squeaker
Emperor's Hand
Posts: 10315
Joined: 2005-06-01 01:44am
Location: A different time-space Continuum
Contact:

Post by The Grim Squeaker »

Frankly if they werent bothering anyone then the principle did the violating.

If Anyone tried to make me stop reading at school i’d sue the whole damn system.
Photography
Genius is always allowed some leeway, once the hammer has been pried from its hands and the blood has been cleaned up.
To improve is to change; to be perfect is to change often.
User avatar
Frank Hipper
Overfiend of the Superego
Posts: 12882
Joined: 2002-10-17 08:48am
Location: Hamilton, Ohio?

Post by Frank Hipper »

Haruko wrote:Your in school property, yes, but recess is free time. Anyone even read the definition of recess? As long as the kid wasn't proselytizing, they should have let him be. Is there actually rules in that school stating that students are not permitted to read during recess? Or is it that it's because he was reading the Bible, specifically?
Technically, recess is only as "free" as the school declares it to be.
If school board rulings say recess is not free time, it is not free time.

What I don't understand is how a group of kids decided to do this on their own without asking permission first. "Is it ok if we have a club..." sort of thing.
Yeah, I'm really in the dark over that one.
Image
Life is all the eternity you get, use it wisely.
User avatar
Pint0 Xtreme
Jedi Council Member
Posts: 2430
Joined: 2004-12-14 01:40am
Location: The City of Angels
Contact:

Post by Pint0 Xtreme »

Actually, I think it's kind of fucked up. Considering this is elementary school, I've always thought of recess as free time -> Free to do whatever we want to do within reason. The principal had no reason to stop them from reading the Bible, or the Koran or whatever they wanted to read.
Image
User avatar
Darth Wong
Sith Lord
Sith Lord
Posts: 70028
Joined: 2002-07-03 12:25am
Location: Toronto, Canada
Contact:

Post by Darth Wong »

I've seen people who block stairwells in their attempt to be as disruptive and obnoxious as possible in their "private" religious practices.

If this kid wanted to read the Bible, he could do so quietly and by himself somewhere on the schoolyard. He obviously felt that wasn't good enough; think about that.
Image
"It's not evil for God to do it. Or for someone to do it at God's command."- Jonathan Boyd on baby-killing

"you guys are fascinated with the use of those "rules of logic" to the extent that you don't really want to discussus anything."- GC

"I do not believe Russian Roulette is a stupid act" - Embracer of Darkness

"Viagra commercials appear to save lives" - tharkûn on US health care.

http://www.stardestroyer.net/Mike/RantMode/Blurbs.html
User avatar
Ryoga
Jedi Knight
Posts: 697
Joined: 2002-07-09 07:09pm
Location: Ragnarok Core

Post by Ryoga »

I'm gonna have to go with the 'it's not free time' crowd here. I've always been a lazy bum, so whenever I had recess back in the day I would try to do something that took a minimum of effort, like play a Game Boy (y'know, the old ones the size of a brick?), and would get yelled at to 'go do something active'. This didn't change even in other states, so I imagine it's fairly standard procedure: Recess is for running around until your sides ache and jumping off of jungle gyms, not for sitting down and reading.

Believe me, I tried. :wink:
Image
User avatar
sketerpot
Jedi Council Member
Posts: 1723
Joined: 2004-03-06 12:40pm
Location: San Francisco

Post by sketerpot »

Pick wrote:First Amendment doesn't come into it. At school, you do what you're told. That's how it works. If they say put down the damn Bible and run around like a snot-nosed little dork, then you do it. If their recess is designed for that and they tell it so, then that's what you have to comply with.
Not exactly. A student can't be forced to salute a flag, students can engage in nondisruptive symbolic speech such as wearing black armbands to protest a war, and in general:
Tinker vs. Des Moines School District wrote:In our system, state-operated schools may not be enclaves of totalitarianism. School officials do not possess absolute authority over their students. Students in school as well as out of school are "persons" under our Constitution. They are possessed of fundamental rights which the State must respect, just as they themselves must respect their obligations to the State.
The first amendment does apply to children in school. Of course, reasonable restrictions can be put on the freedom of students in order to help the schools accomplish their purpose. The article doesn't give as much detail as I'd like, so I can't form an optinion on who violated the first amendment here.
User avatar
Pint0 Xtreme
Jedi Council Member
Posts: 2430
Joined: 2004-12-14 01:40am
Location: The City of Angels
Contact:

Post by Pint0 Xtreme »

Darth Wong wrote:I've seen people who block stairwells in their attempt to be as disruptive and obnoxious as possible in their "private" religious practices.

If this kid wanted to read the Bible, he could do so quietly and by himself somewhere on the schoolyard. He obviously felt that wasn't good enough; think about that.
Possibly... but I don't think anyone can make any conclusions to the intentions of the kid's reading with that little amount of information.
Image
User avatar
wolveraptor
Sith Marauder
Posts: 4042
Joined: 2004-12-18 06:09pm

Post by wolveraptor »

Darth Wong wrote:I've seen people who block stairwells in their attempt to be as disruptive and obnoxious as possible in their "private" religious practices.

If this kid wanted to read the Bible, he could do so quietly and by himself somewhere on the schoolyard. He obviously felt that wasn't good enough; think about that.
Who says he and his friends weren't doing that? You need a lot more information than what was presented to say that he was doing anything wrong. How is a Bible study group that doesn't go around in a jackassed manner any different from just a random reading group?

Furthermore, recess is free time. You want to make the fatass kids run? Put'em in PE class. That's what it's for. And if you make recess a time for physical activity only, you might as well have it as a second PE class. Don't call it a recess or break from school if it fucking isn't.
"If one needed proof that a guitar was more than wood and string, that a song was more than notes and words, and that a man could be more than a name and a few faded pictures, then Robert Johnson’s recordings were all one could ask for."

- Herb Bowie, Reason to Rock
User avatar
The Wookiee
Lex Wookos
Posts: 1650
Joined: 2003-05-29 04:17am
Location: Tearing your arms off

Post by The Wookiee »

As cynical as I normally am towards Christians crying oppression, I do think this kid should have the right to study the bible during recess with other people who also wish to study it. As long as he is not bothering anyone or prosletyzing to other students I don't see what the problem is. Furthermore I believe that recess should be free time for students to pursue whatever interests them.

This is just more ammunition for the radical Christians who like to complain about Democrats attacking "people of faith".
Image
"I suggest a new strategy, Artoo: Let The Wookiee win."
SDnet BBS Administrator: Service With A Roar (And A Hydrospanner)
Knight of the Order of the Galactic Empire


Do not taunt The Wookiee.
User avatar
Darth RyanKCR
Youngling
Posts: 146
Joined: 2004-12-29 10:09pm

Post by Darth RyanKCR »

I appreciate the thoughtful responses. I posted that here to see the reactions because I have been told countless times by people about the issue with religion and school that you can still take the Bible to school and pray it just can't be initiated by the school itself and this incident seem to prove that wrong.

I am curious to see where this will go.
User avatar
Darth Wong
Sith Lord
Sith Lord
Posts: 70028
Joined: 2002-07-03 12:25am
Location: Toronto, Canada
Contact:

Post by Darth Wong »

Darth RyanKCR wrote:I am curious to see where this will go.
I can predict right now that the story will look a lot different once the school explains its side of the story. Right now what you've got is one family's lawyer telling people what to think, and if you think that's the final word then you're not very experienced in these matters.
Image
"It's not evil for God to do it. Or for someone to do it at God's command."- Jonathan Boyd on baby-killing

"you guys are fascinated with the use of those "rules of logic" to the extent that you don't really want to discussus anything."- GC

"I do not believe Russian Roulette is a stupid act" - Embracer of Darkness

"Viagra commercials appear to save lives" - tharkûn on US health care.

http://www.stardestroyer.net/Mike/RantMode/Blurbs.html
User avatar
RedImperator
Roosevelt Republican
Posts: 16465
Joined: 2002-07-11 07:59pm
Location: Delaware
Contact:

Post by RedImperator »

I don't see how recess isn't by definition free time. My school didn't bother you if you just felt like sitting up against the wall reading. I did that until I discovered that when the teachers weren't watching, the football game became full contact. I couldn't catch, run, or pass, but I could by-God hit people.

EDIT: That sounds like I'm trying to use anecdotal evidence. I'm not. The anecdote just grew longer than the point.
Image
Any city gets what it admires, will pay for, and, ultimately, deserves…We want and deserve tin-can architecture in a tinhorn culture. And we will probably be judged not by the monuments we build but by those we have destroyed.--Ada Louise Huxtable, "Farewell to Penn Station", New York Times editorial, 30 October 1963
X-Ray Blues
User avatar
Lord MJ
Jedi Council Member
Posts: 1562
Joined: 2002-07-07 07:40pm
Contact:

Post by Lord MJ »

Legally, the school is in the right. The school has the right to regulate what it's students do at recess.

When I was in kindergarden, the teachers banned all forms of competition at recess or playtime.

We were only allowed to play games that didn't involve competition.

Ethically, I think it was totally wrong to forbid the students from having thier own Bible Study group.
User avatar
DPDarkPrimus
Emperor's Hand
Posts: 18399
Joined: 2002-11-22 11:02pm
Location: Iowa
Contact:

Post by DPDarkPrimus »

Darth Wong wrote:
Darth RyanKCR wrote:I am curious to see where this will go.
I can predict right now that the story will look a lot different once the school explains its side of the story. Right now what you've got is one family's lawyer telling people what to think, and if you think that's the final word then you're not very experienced in these matters.
Just another example of reporters running with only half the story.
Mayabird is my girlfriend
Justice League:BotM:MM:SDnet City Watch:Cybertron's Finest
"Well then, science is bullshit. "
-revprez, with yet another brilliant rebuttal.
User avatar
wolveraptor
Sith Marauder
Posts: 4042
Joined: 2004-12-18 06:09pm

Post by wolveraptor »

Lord MJ wrote:Legally, the school is in the right. The school has the right to regulate what it's students do at recess.

When I was in kindergarden, the teachers banned all forms of competition at recess or playtime.

We were only allowed to play games that didn't involve competition.

Ethically, I think it was totally wrong to forbid the students from having thier own Bible Study group.
Okay, what game DOESN'T involve competition? You went to a pretty wussy-ass school. :lol:
"If one needed proof that a guitar was more than wood and string, that a song was more than notes and words, and that a man could be more than a name and a few faded pictures, then Robert Johnson’s recordings were all one could ask for."

- Herb Bowie, Reason to Rock
Post Reply