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Q: Is it constitutional
to teach religion in public schools??
A: No. The public schools are run
by the government and they must obey the 1st Amendment. This means
that they can teach about the influences of religion in history,
literature, and philosophy but they CAN'T promote religious beliefs
or practices as part of the curriculum. Private schools and parochial
schools are not run by the government and the First Amendment does
not apply to them. Remember that students can be excused from some
school activities if they conflict with their religious beliefs.
Q: What is
the "English Only" thing people have been talking about?
A: "English Only" is when government
limits the use of any language besides English through various means.
Some state statutes simply declare English as the official language
for the state while other state and local proclamations limit or
bar government's provision of non-English language assistance and
services. For example, some restrict bilingual education programs,
prohibit multilingual ballots, or forbid non-English government
services in general--including such services as courtroom translation
or multilingual emergency police lines. Currently WI does not have
an English only law, but many counties in WI have been looking at
adopting and "English Only" ordinance.
Q: Can a publication
be banned because it criticizes school officials?
A: No. Criticism of school policies
and school officials is protected by the 1st Amendment. Some principals
say that published criticism of the school staff will undermine
discipline among students. However, courts have not permitted such
criticism to be suppressed if the school officials were unable to
produce specific evidence that discipline would be substantially
affected by the publication's distribution. The Tinker standard
that applies if the paper is not school sponsored requires there
to be a material and substantial disruption of the educational environment
before the 1st Amendment can be suppressed.
You must remember that if you write an article
that talks about the school officials you may be sued for libel.
Libel is printing something that you know, or should know, is
not true, in an attempt to injure a person's reputation. If what
you write is libelous you can be sued for $$ money damages. If
your criticism concerns the school policies, and you have good
reason to believe that what you say is true, even if it later
turns out to be false it is not libel. Nothing you say that is
true, or have reason to believe is true, (through checking of
sources etc. . . ), is libelous. See the Student Press Law Center's
resources (see our great Youth Rights link page) for more information
on Student Newspapers and Your Rights.
Q: What
does emancipation of a minor mean?
A: Emancipation is when you
are under the age of 18 and your parents no longer have any legal
authority over you, nor are they responsible for your acts. A
person under 18 (minor) can become emancipated in a number of
ways. It may be done by court order, enlistment in the armed services,
marriage, or if your parents abandon you or give up their parental
rights.
You can also file for emancipation through the Emancipation of
Minors Act. The result of this kind of emancipation is that you
will assume most of the powers, rights and responsibilities that
an adult has.
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If you
have a question, please submit it to Nikki, the Youth &
Civil Liberties
Council Director.
We will make sure you get credit for your question, unless you
would prefer to remain anonymous, that is okay with us too.
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