U.S. Supreme Court rejects appeal of Ohio teacher fired over religious materials in class

[Ms. Toad]

24. There really isn't a priority within the first amendment.

Separation of state is a non-legal concept that really means (1) the state may not establish religion and (2) may not prohibit the free expression thereof.

Here, the state arguably did prohibit the free expression of religion.

It is not clear whether he was teaching creationism was.

A year later {after an incident in which a student accused him of making an imprint in the sign of a cross on his arm as part of an experiment}, a senior school official wrote Freshwater that “it has been brought to my attention brought to my attention that you have a Bible out on your desk and that the ‘collage’ on your classroom window includes the 10 Commandments. While you certainly may read your Bible on your own, duty free time . . . it cannot be sitting out on your desk when students are in the classroom and when you are supposed to be engaged in your responsibilities as a teacher.”

When Freshwater kept the Bible in his classroom, officials fired him.

If he was, from my perspective, that would be establishment of religion

The news reports are based on keeping a bible in or on his desk, and having religious books and posters in his classroom. Keeping a personal bible in his desk - or even on his desk, or wearing a turban, yarmulke, cross, etc. - is free expression which may not be prohibited by the state (within the limits defined by case law). Posters on the walls, and religious books, get into a gray area. If other teachers are permitted to put up inspirational posters and books which are unrelated to their subject, there is likely not a difference from a constitutional perspective. Particularly a collage which includes the 10 commandment should survive scrutiny - it has in virtually every other circumstance in which it was included as part of a larger primarily secular display. One of the primary tenets of free speech cases is that if you permit speech you cannot discriminate on the basis of viewpoint.