There seems to be an unwritten agreement among most Americans that there are three topics that are best avoided in polite company: (1) politics; (2) personal finances; and (3) religion. The American reluctance to discuss religion with acquaintances at a dinner party or picnic may be a part of a larger phenomenon: a manifestation of the secularism…

Maintains that unless judicial guidance is clear about the application of the First Amendment regarding the origin of life, religious freedoms and the vitality of public education may be jeopardized. (JOW)

Public school leaders often find themselves caught between groups with passionately held--but widely varying--views regarding the appropriate role for religion in public schools. Tensions are heightened by the growth of well-funded special interest groups inclined to litigate anywhere a test case arises. By reviewing the most recent judicial…

This sixth chapter in a book on school law provides a general overview of the religion clauses of the First Amendment and reviews the cases in which the issue of evolution versus creationism has been decided from the Scopes trial to the present. Rulings related to the Establishment Clause of the Constitution are discussed and the "three-part…

The legal tests that are applied to the issue of state mandates to provide creation instruction in public schools, and the implications of the mandates, are discussed. This issue is compared with other curriculum mandates and requirements to illustrate the difficulty of the problem. (MSE)

The ten papers in this document were presented at a week-long institute in 1982 and are published now because of concerns about recurring threats to intellectual freedom and First Amendment rights. Included are: (1) "Intellectual Freedom: The First Amendment and the Right To Know" (Dennis Day); (2) "How Conflicting Values Result in…

The two religion clauses of the First Amendment of the Constitution clearly declared the objectives of the framers, toleration and separation, but the means whereby these objectives were to be achieved were left to be decided through the dynamic processes of the courts. The history of these two clauses reveals that Americans are still seeking to…

Three principles concerning children's intellectual rights are proposed and discussed. The principles are: (1) intellectual rights of children include access to ideas and freedom of expression; (2) denial of rights on the basis of lack of competence requires empirical justification; and (3) denial of rights on the basis of lack of competence…

Recent Tennessee and Alabama court decisions raise similar issues involving (1) fundamental rights protected by the First Amendment and (2) the process of public education. Outlines the effects these decisions have on teachers and in classrooms. The supporters would suppress critical thinking and imagination while opponents would promote critical…

Reviews the controversy of teaching evolution and creationism in public schools from the early years of the twentieth century until today. Identifies two stages of the legal challenges to the teaching of evolution. Contends that academic freedom issues may provide another avenue to the Supreme Court for those supporting creationism. (CFR)

Children should have the same First Amendment rights as adults except when it can be empirically shown that the children in question differ from minimally normal adults in relevant intellectual competencies and would, as a result, be likely to suffer harm if accorded full First Amendment liberties. In this paper, specific principles derived from…

The teaching of evolution and creationism is controversial to many people in the United States. Knowledge of the many important court-decisions about the teaching of evolution and creationism in the United States can be used not only to resist anti-evolution activities of creationists, but also to help teachers address questions about the teaching…

Recent court decisions in Tennessee and Alabama requiring the teaching of "creationism" and the banning of "secular humanism" challenge educators to listen to the critics and present a wider curriculum including the role of religion in human affairs while protecting our heritage of intellectual freedom. (MD)

Presents a case study of the interpenetration of the paradigm discourses of science, religion, politics, and law and public motive structures as demonstrated by the controversy over scientific creationism. Argues that the discursive populist commitments of journalism indirectly legitimate the populist discourse of creationism. (RAE)

The growth of groups of the religious right has resulted in a major ideological division in the United States. Outlines the strength of these groups, the particulars of the secular humanism debate, and the ability such groups have to coordinate issues and join together in campaigns influencing public education. (MD)