Teachers possess a great deal of control over classroom assignments and other matters related to teaching the curriculum. In the context of an assigned art project, for example, teachers have the right to make sure that students are meeting the requirements of their assigned work. In art class, this may mean that a student’s work receives poor marks if it fails to meet the standards and requirements of the assignment.

One federal appeals court, for example, rejected a student's First Amendment claim in the context of a research topic. The court wrote: "[F]ederal courts should exercise particular restraint in classroom conflicts between student and teacher over matters falling within the ordinary authority over curriculum and course content."¹

Of course, this does not mean that a teacher may mark a student down simply because the teacher disagrees with the message the work intends to convey, especially if other aspects of the work meet the requirements of the assignment.

Teachers are sometimes unsure about whether they may allow students to include religious images or ideas in their assignments. Generally, students may express their beliefs about religion if such expression is relevant to the subject under consideration and meets the requirements of the assignment.² To censor such forms of expression may violate a student’s free exercise rights.

However, some recent lower court decisions have upheld the decision by school officials to prohibit religious expression by primary students, if the teacher has a concern that the expression might be seen as school promotion of religion.³

If a student’s artistic expression is not part of her schoolwork, then the work should be examined by the tests set out in the Tinker and Fraser standards. Under Fraser, if it is vulgar, profane, or obscene, then a teacher has the authority to remove the work or restrict its presence on school grounds. If the expression does not violate those restrictions, then the school, under Tinker, must prove they have evidence that the expressive work will substantially interfere with the working of the school or will interfere with the rights of others.

¹ Settle v. Dickson County School Bd., 53 F.3d 152 (6th Cir. 1995), cert. denied, 516 U.S. 989 (1995).

² This answer is drawn from the advice given in Religious expression in public schools, guidelines published by the U.S. Department of Education: "Students may express their beliefs about religion in the form of homework, artwork, and other written and oral assignments free of discrimination based on the religious content of their submissions. Such home and classroom work should be judged by ordinary academic standards of substance and relevance, and against other legitimate pedagogical concerns identified by the school."

³ C.H. v. Olivia, 226 F.3d 198 (2nd Cir. 2000), cert. denied, 533 U.S. 915 (2001).

Last updated: Monday, September 6, 2010 | 12:26:00