Commentary: ‘See You at the Pole’ Is Protected by the First Amendment

Stefi Outlaw, the president of the local NEA affiliate in Clarksville, Tennessee, emailed the chairman of the Clarksville-Montgomery County Schools chairman Kent Griffy, and Mark Nolan an attorney regarding board member Aron Maberry.  The claim she made was he used his official capacity as a board member to promote a “See You at the Pole“ prayer rally.

This raises a few interesting points. As a public official, using your public account probably provides more transparency to taxpayers. How much public business gets conducted behind the scenes with private emails? The use of private email for public business can be controversial and legally problematic in some cases.

The other more important point is that school authorities may NOT discriminate against groups that meet to engage in religious expression such as prayer. Even groups, such as the American Civil Liberties Union, People for the American Way, and Americans United for Separation of Church and State, have given See You at the Pole a clean bill of health, there has been very little litigation or threat of litigation.

It is worth pointing out that the First Amendment of the U.S. Constitution protects the rights to freedom of speech, expression, and association for all citizens, including those who serve as public officials or employees. This means that school board members, as private citizens, have the right to express their opinions, beliefs, and ideas, including on matters related to education and public policy.

Often, we do not understand our own basic freedoms, and there is widespread confusion about the Establishment Clause. The Establishment Clause does not require schools to be policed as religion-free zones. On the contrary when teachers are acting in a private capacity, even when on school grounds and during school hours, their freedoms are not to be curtailed.  This Court has made that clear for other government workers. See Lane v. Franks, 134 S. Ct. 2369 (2014); Garcetti v. Ceballos, 547 U.S. 410 (2006).

In a recent Supreme Court decision, the court upheld the right of former high school football coach Joe Kennedy to take a knee in quiet prayer after football games. The decision respects the Constitutional rights of all public school teachers and coaches to engage in a brief, personal prayer in public. According to the opinion, “Respect for religious expressions is indispensable to life in a free and diverse Republic—whether those expressions take place in a sanctuary or on a field, and whether they manifest through the spoken word or a bowed head.” The opinion added: “The Constitution neither mandates nor tolerates that kind of discrimination.”

The Supreme Court of the United States has ruled on several occasions that students in public schools have the right to engage in individual, voluntary prayer if it does not disrupt school activities or interfere with the rights of others. These rulings have clarified the separation between government-sponsored religious activities and individual religious expression. Charles Haynes, a Freedom Forum expert on religion in schools, says,” Far from being ‘kicked out,’ God goes to school today through the First Amendment door.”

Yes, Every Kid

See You at the Pole™ began in 1990 when a small group of students in Texas gathered to pray around their school’s flagpole. It started as a grassroots movement and now is a global event. This event takes place annually on the fourth Wednesday in September. This year it is on September 27, 2023. See You at the Pole™ is entirely student-initiated, student-organized, and student-led. This means that the planning and execution of the event are driven by the students themselves. School administrators and teachers may provide support and supervision, but the students are the driving force behind it.

See You at the Pole™ is a voluntary and non-denominational event and is a peaceful way for students to express their faith and seek spiritual support while fostering a sense of community within their school. The event has grown significantly since its inception, with millions of students from around the world participating in this annual day of prayer. It is a student-led initiative. All citizens have the right to engage or not engage in individual religious expression.

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JC Bowman is the executive director of Professional Educators of Tennessee.
Photo “See You at The Pole Event” by See You at The Pole.

 

 

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2 Thoughts to “Commentary: ‘See You at the Pole’ Is Protected by the First Amendment”

  1. Joe Blow

    Nothing like the NEA mob attacking Rights listed in the Bill of Rights. This “lady” probably does not know what the Bill of Rights is.

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