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)

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)

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…

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 establishment clause of the First Amendment permits public school instruction that serves secular educational goals, but it forbids instruction that instills religious beliefs in children. Although the free exercise clause protects those who oppose such secular courses, their sole remedy is partial or total exemption from the courses. (MLF)

Reviews court decisions on creationism, science, and separation of church and state in relation to 1st and 14th amendments,establishment clause, and free exercise clause. Discusses fundamentalist interpretation of evolution and concept of "scientific neutrality." Proposes that rights of religious minorities are best served if teaching of…

This article examines the interrelated legal and scientific nature of the creationism controversy. It discusses "McLean vs. Arkansas Board of Education" and analyzes current tactics used by creationists, concluding that they are constitutionally impermissible. An approach is proposed that balances First Amendment interests with the need…

Describes two federal court cases concerning objections to public school textbooks. In "Smith v. Board of School Commissioners of Mobile County," parents attempted to eliminate objectionable content from textbooks through the Establishment Clause. In "Mozert v. Hawkins County Public Schools," parents wanted to remove children…

Legislation, rulings, and arguments for and against public schools giving creationism equal time or consideration with evolution are discussed. In the 1920's fundamentalists began to promote statutes prohibiting the teaching of evolution in public schools. Since that time the creationists have sought to supplant evolution with creationism on the…

This twenty-one chapter book deals with important, timely topics in school law. Topics include home instruction in place of public school attendance; judicial review of labor arbitration awards; procedures for nonrenewal of nontenured teachers that avoid constitutional problems; discipline by grade reduction and grade denial based on attendance;…