McCarthy’s claim is that educators are responsible for ensuring that religious indoctrination sponsored by public servants such as teachers and schools does not occur but at the same time that no teacher or school unduly interferes with student’s rights to practice their fai...
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...of the Supreme Court. Nevertheless, there is a balance demanded between the establishment and Free Speech Clause which is an absolutely irrefutable part of the Constitution and can only be interpreted to a certain extent by any Court. The present balance between these Clauses, as it is currently understood, is the duty of the public school teacher and administrator to uphold but teachers and administrators must be open to changes in the understanding of that balance as more cases shed light on the practices and interpretation of the First Amendment. It is the duty of the public school official, in whatever capacity they find themselves, to keep abreast of these changes so that they can properly execute their duties to both defend the neutrality of the schools and the rights of the students to hold and practice religious beliefs in the course of their daily lives.
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