Public School Assignment Analysis

Open ended assignments are given in the classroom with the intension of developing many essential abilities such as creativity, independent thought, and critical thinking skills. However, when given such freedom of subject a conflict may arise between the quality of the work and the works appropriateness for the classroom. If a student if given an assignment to create an essay and picture of who they consider to be their hero without any further guidelines, then they are able to pick that subject person real or fictional as long as it is not in violation of the schools policy on appropriateness (Bain 2009). A student illustration of a religious figure for a public school assignment can be displayed in the classroom if it is following the assignment
regulations as protected by the first amendment, and if it is not in violation of the establishment or free exercise clause. The constitutional right to hang an illustration created by a student of the religious figure Jesus in the public school setting for an assignment asking the student to write an essay and draw an accompanying picture of their personal hero will be discussed. The first amendment of the Constitution say’s “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof”.
This first amendment is where the discussion on artistic freedom in the classroom begins. However, this does not directly regulate the ability to hang student artwork if the picture in question is of a religious nature. The conflict is based on the constitutional ideas of the establishment clause verses the free exercise clause. By not allowing the student to initially create the assignment using Jesus as his subject would violate his free exercise clause to express his personal religious beliefs (Haynes, Thomas 2007). The use of religion in visual arts is allowed as long as it is on topic, and not promoting a specific religion (Haynes, Thomas 2007). The Anti Defamation League adds one more stipulation saying that the display must be temporary and based in a secular lesson plan (ANTI DEFEMATION LEAGUE CITAION). Using this reasoning one can argue that if the picture of Jesus had text on it that said something like “You should be a Christian” then, the picture would not be hung for public view. However, if the picture was titled “My Hero”, then it would be appropriate. The picture is within the guidelines of free speech, the free exercise clause, and the establishment clause because it was not provoked by the teacher, does not promote one religion over another, and it gives the student the ability to express themselves freely while completing the
assignment. Tinker v. Des Moines Independent Community School District determined that “…students do not shed their constitutional rights to freedom of speech or expression at the schoolhouse gate” (Tinker v. Des Moines Independent Community School District, 303 U.S. 503 (1969)). This case supports hanging the student illustration of Jesus as he used this assignment to freely express himself without violating school or Constitutional policies. Lee v. Wisemen argued that mixing government and religion can indirectly favor a certain belief system, causing others who do not hold those same beliefs to be excluded. The school’s “action must not coerce anyone to support of participate in a religion”. Our example does not follow Lee’s context because the student that presented the drawling of Jesus would be treated the same as one who used Buddha, or Allah showing to preference or support to any one religion (Jones v. Clearcreek ISD, 977 F.2d 963 (Fifth Circuit, 1992). As his artwork was based of his personal hero, without any further guidelines, his artwork is not more favored by the school then that of another student’s because of the religious connotation.