On The Front Lines
Rutherford Institute Issues Guidelines on Religious Expression at Graduation Ceremonies
CHARLOTTESVILLE, Va. -- In an effort to alleviate concerns regarding religious speech during the upcoming graduation season, The Rutherford Institute has issued guidelines for school districts to better comply with constitutional requirements. Because of the heightened sensitivity levels concerning religious expression, particularly in the educational arena, there is a general misunderstanding that religious speech in schools is not permitted. However, it is well established that the First Amendment fully protects student speech, both religious and secular. The guidelines are available online here."The Rutherford Institute offers the graduation guidelines to help school officials better understand the law," said John W. Whitehead, president of The Rutherford Institute. "Hopefully, this will reduce the number of incidents of censorship and, thus, the lawsuits that follow."
Much of the confusion concerning religious graduation speech has been generated by court rulings against school officials who have endorsed a particular religion, which is forbidden by the First Amendment Establishment Clause. Yet, the U.S. Supreme Court has clearly stated that there is a broad distinction between a school district promoting a particular religion and private speech expressing a religious viewpoint. In regard to graduation speeches, the courts have generally established that if a school has offered a forum for student speech, subsequent religious speech by the student is protected so long as the speaker was selected on the basis of neutral criteria and retains primary control over the content of their remarks. This is the case in the vast majority of schools where student graduation speakers are selected on a neutral basis for their scholastic or extracurricular achievements. Despite their awareness that religious speech in this context is permitted, some school districts are still reluctant to allow students to address topics of a spiritual nature. Such censorship is clearly unconstitutional. While school officials may wish to censor speech because of Establishment Clause concerns or for fear of causing offense, the Free Speech Clause of the First Amendment prohibits such action. Without demonstrating a compelling state interest of the highest order, schools are not justified in the eyes of the court in suppressing student-initiated religious speech.
The Rutherford Institute is an international, nonprofit civil liberties organization committed to defending constitutional and human rights.
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