This essay establishes, first, the professional aspects of disclosure. Second, it defines the equipoise between the State's interest in efficiency and the teacher's interest in exercising his or her First Amendment right of expression of religious opinion on matters of public interest. Third, the essay identifies expressive activities of the teacher within the classroom that should be accorded First Amendment protection pursuant to James v. Board of Education. Fourth, the essay examines whether the professor's disclosure of personal and theological biases in a classroom constitutes state action and concludes that a professor fulfilling his or her assigned tasks within the classroom is a state actor. The essay then examines whether the classes of disclosure of personal and theological biases consistent with standards enunciated in James v. Board of Education violate the Establishment Clause. This essay concludes that such disclosure does not run afoul of the Lemon v. Kurtzman test and does not result in the Establishment of religion.
Jenkins, Sarah Howard; Johnson, Byron R.; and Helwig, Otto Jennings
"God Talk by Professors Within the Classrooms of Public Institutions of Higher Education: What is Constitutionally Permissible?,"
Akron Law Review: Vol. 25
, Article 1.
Available at: https://ideaexchange.uakron.edu/akronlawreview/vol25/iss2/1