Running head: ARTIFACT #4 !

Artifact #4

Emily Williams

Dr. Dale Warby

EDU 210

June 29, 2018

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Karen White, a kindergarten teacher, told the parents of her students that she could not

participate in in certain activities due to being a Jehovah'a Witness and those activities being

against her religion. Some of the activities are, celebrating holidays, singing “Happy Birthday”

and saying the pledge of allegiance. The principal recommended she be dismissed due to the

protests of the parents of her students.

In a similar case, West Virginia State Board of Education v Barnette, the supreme court

made the decision that under the “Free Speech Clause of the First Amendment”, students (and

Teachers) are protected from being forced to salute the flag or recite the Pledge of Allegiance in

public schools. In this case the students were Jehovah’s Witnesses, just like Karen White, and

were able to stick to their beliefs and were not forced to participate in something that was against

their religion. West Virginia State Board of Education v. Barnette, 319U.S. 624 (1943)

In the case, Wisconsin v. Yoder (1972), in which the court found that the individuals

interests in religion outweigh the interests of the state. So the state could not force students to

continue school past 8th grade if religious restrict further education. Just like in the case of Karen

White, the interest of her religion outweighs the interest of the state and therefore the school.

Karen White has the right to chose any religion and abide by its rules and regulations and not be

deemed “insubordinate” by the school for not engaging in things such as holiday traditions.

Clever v Cherry Hill Tp. Bd. Of Educ., (1993) “The court ruled that religion is an

acceptable subject of study in schools and that the use of religious symbols to teach about

religion must be treated as normal and constitutional activity – including on the occasion of

religious holidays. According to Judge Joseph Irenas:” In this case we look at how things like

religion and traditional activities are part of the learning process and also educational. Karen
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White still has a duty to her students to give them a well-rounded education. Even though her

personal feelings towards mentioned activities are negative, does not mean that her students or

the school feel that way.

Florey v. Sioux Falls School District, 1980 was a similar case in which the court upheld

the decision that religious content is allowed as long as it has an educational properties.

Activities such as singing Christmas carols, and having religious material in the classroom is

education in the light that it is culture and society knowledge. Karen White, as a teacher, should

be able to teach her students about different cultures and societies other than what she believes in

and what her religion permits her to partake in.

In conclusion Karen Whites beliefs are not detrimental to the learning environment. Her

students are still learning a great deal of what they need to learn without taking part in some of

the traditional actives, but are still learning. The principals recommendation for her dismissal is a

violation of her right to free speech and free exercise of religion. “It can hardly be argued that

either students or teachers shed their constitutional rights at the schoolhouse gate” (Tinker v. Des

Moines, 1969)
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References

Clever v Cherry Hill Tp. Bd. of Educ., 838 F. Supp. 929 (D. N.J. 1993).

Florey v Sioux Falls School District 49-5, 619 F.2d 1311 (8th Cir. 1980).

Law Briefs. (n.d.). Retrieved from http://alphagroup.pbworks.com/w/page/12319520/Law Briefs

West Virginia State Board of Education v. Barnette, 319 U.S. 624 (1943).

Wisconsin v Yoder, 406 U.S. 205 (1972).

Underwood, J., & Webb, L. (2006). Teacher's Rights. In School Law for Teachers (p. 211, 222).
Upper Saddle River, New Jersey: Pearson Education.