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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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Youth & Civil Liberties Council, ACLU of WI Foundation, 207 E. Buffalo St., Suite 325 Milwaukee, WI 53202-5774, phone 414.272.4032 ext. 23 fax 414.272.0182, e-mail the director: youth@aclu-wi.org

last updated 1/4/01 by Michael Kusic - http://www.tekcreative.net/