momentofsilence

__﻿__ ** __ Why is legislation﻿ surrounding the moment of silence always changing? __ ** ** __ What is the purpose of the moment of silence? __ ** **What is the m**﻿**omen**﻿**t of silence?** The moment of silence is a perio﻿d of silent contemplation for prayer, reflection, or meditation.

**What is the controversy surrounding the issue?** media type="youtube" key="lzWZbuwgi_E" height="349" width="560" align="right" The controversy surrounding this issue deals with the separation between church and state. Forced prayer in schools is illegal and is against the First Amendment. Those who argue for the moment of silence believe that the time can be used for prayer or self reflection. Therefore, the moment of silence does not violate anyone’s rights. However, critics of the moment of silence argue that the ambiguous language surrounding the definition of the moment of silence is purposely used to disguise forced prayer. Also, it is important to consider the controversy over accommodation and endorsement. Many believe that having a moment of silence is actually promoting prayer against some student’s will because if the government was only trying to accommodate religion then students could pray during silent study hall, recess, or whenever they feel it is necessary.

**Who does the issue affect?** Students in schools are mostly affected, and if a workplace decides to implement a moment of silent, then employees would be affected as well. People who are very religious or have religious jobs and atheists all feel very strongly about this issue.

**When did the issue become a part of the national dialogue?** Engel v. Vitale in 1962 ruled that organization, sponsorship, or endorsement of school prayer is forbidden by the First Amendment to the United States Constitution in public schools. This case ruled that teachers cannot lead their classes in prayer, but student are allowed to pray in voluntary religious clubs and to themselves.

**In what geographic area are people most affected?** There is not a specific geographic area where schools are most affected. Every school is affected by national rulings to any court cases surrounding the moment of silence. However, smaller towns that are dominated by one religion are probably proponents of the moment of silent whereas condensed areas where there are people with many different religions would disagree with the forced silence.



**How has the issue united or divided people?** People in the United States have been united by the universal moment of silence that is often practiced on November 11th for two minutes at 11:00 am. This moment of silence is practiced to remember the sacrifices made by the members of the armed forces and of civilians in times of war. However, the controversy surrounding this issue has divided people. This division has caused many court cases. As a result, the legislation surrounding this issue is always changing.

**How does this issue connect to the Constitution?** The First Amendment guarantees that the government won’t promote a certain religion and will guarantee freedom of speech and religion to all people. Some argue that a moment of silence is unconstitutional because a forced period of silence encourages prayer and therefore promotes religion.

__ **//Amendment I//** **//Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.//** __



Timeline:
 * **Year** || **Case** ||
 * 1967 || Virginia permitted school districts to implement 60 seconds of silence at the start of each school day ||
 * 1985 || Wallace v. Jaffree ruled the moment of silence unconstitutional ||
 * 2000 || A new law required all Virginian public school students to observe a moment of silence ||
 * October 2000 || The U.S. District Judge Claude M. Hilton ruled that the "moment of silence" law was constitutional ||
 * 2005 || A law was passed in Indiana that required all publie schools to give students a chance to say the pledge of allegiance and observe a moment of silence every day. ||
 * 2007 || Illinois enacted legislation to require public schools to provide students with a moment of silence at the start of the school day. According to the National Conference of State Legislatures, Alabama, Georgia, Louisiana, Massachusetts, Nevada, New Hampshire, Oklahoma, Rhode Island, South Carolina, Tennessee, Texas, and Virginia also require such moments of quiet in the classroom. **In more than 20 other states, teachers are allowed to decide whether they want such a classroom time-out.** ||
 * 2011 || Illinois requires a moment of silence counteracting the ruling in 2007 ||

=The Judge's Ruling:= **"The court finds that the Commonwealth's daily observance** **of one minute of silence act is constitutional. The act was enacted**  **for a secular purpose, does not advance or inhibit religion, nor is**  **there excessive entanglement with religion... Students may think**  **as they wish -- and this thinking can be purely religious in nature**  **or purely secular in nature. All that is required is that they sit silently."** - **Judge Hilton** = = =__** Current Dialogue: **__= = = = = =__ Schools may again require moment of silence __=

__Students could begin the class day with quiet time as soon as next week__
Illinois education officials on Friday alerted schools that the federal injunction banning a mandatory moment of silence had been lifted, opening the door for schoolchildren to again begin the class day with a period of silent prayer or reflection. "This action means the (Silent Reflection and Student Prayer) Act is now in effect," read part of a message that the Illinois State Board of Education sent to school principals and district superintendents. Tuesday is the soonest that schools could begin the observance because classes are canceled Monday for the Martin Luther King holiday. Several superintendents said they planned to reinstate the period of reflection as soon as the injunction was lifted, essentially dusting off the measures they put in place when the 2007 law took effect. Others planned to consult their attorneys and school boards. "This has not even hit the radar screen," said Darlene Ruscitti, regional superintendent of DuPage County schools. Ruscitti said she plans to raise the issue when she meets with county school superintendents next week. U.S. District Judge Robert Gettleman issued the order Thursday, restoring the moment of silence he had suspended more than two years earlier. In October, a federal appeals court upheld the constitutionality of the Silent Reflection and Student Prayer Act, saying the measure did not specify that the silent time be spent in prayer. Many school officials plan to heed the example recognized in the ruling by 7th Circuit Court of Appeals. Students paused for 15 seconds and then recited the Pledge of Allegiance before hearing the daily announcements. Elgin's School District U46, for instance, directed its principals to pause for 15 seconds in accord with the order, down from the 20 seconds they had initially reserved for the moment of silence.
 * January 14, 2011  | By Tara Malone, Tribune reporter   **

**An Illinois student's view of the moment of silence:** media type="youtube" key="7sDo439HeJE" height="349" width="425"


 * Sources:**

20 October Saturday Quips « Blueollie." //Blueollie//. Web. 22 May 2011. .    "Bill of Rights | LII / Legal Information Institute." //LII | LII / Legal Information Institute//. Web. 22 May 2011. .     "Does a New Mandatory Moment of Silence Amount to Prayer in School? | Edutopia." //K-12 Education & Learning Innovations with Proven Strategies That Work | Edutopia//. Web. 22 May 2011. .    Gallup, Alec. "The Gallup Poll: Public Opinion 2005." //Google Books//. Web. 22 May 2011. .     Rice, Yisrael. "Nothing Really Matters - A "Moment of Silence" to Start the Schoolday - Issues." //Judaism, Torah and Jewish Info - Chabad Lubavitch//. Web. 22 May 2011. .    <span style="color: #000000; font-family: 'Times New Roman',serif; font-size: 12pt;"> "Schools Moment of Silence Law Back in Effect After Injunction Lifted." //Chicago News and Weather | Fox Chicago News//. Web. 22 May 2011. <http://www.myfoxchicago.com/dpp/news/metro/moment-silence-law-schools-injunction-lifted-effect-20110114>. <span style="font-family: Arial,sans-serif;"> <span style="color: black; font-family: 'Times New Roman',serif; font-size: 12pt;"> "YouTube - ‪10-26-10 Faith & Freedom Moment of Silence in Schools Law Upheld by Federal Appeals Court‏." //YouTube - Broadcast Yourself.// Web. 22 May 2011. <http://www.youtube.com/watch?v=lzWZbuwgi_E>. <span style="font-family: Arial,sans-serif;"> <span style="color: black; font-family: 'Times New Roman',serif; font-size: 12pt;"> "YouTube - ‪Illinois Reinstates Moment of Silence during School‏." //YouTube - Broadcast Yourself.// Web. 22 May 2011. <http://www.youtube.com/watch?v=7sDo439HeJE>.