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Grading a student essay on Jesus: First Amendment issues

In a 500–750-word essay, discuss the legal issues around grading a student's hero essay on Jesus and an accompanying drawing of the Last Supper, whether you could display the work, and how the First Amendment applies — with at least five references, three of them US Supreme Court cases.

Editorial process

Last reviewed · August 14, 2026

01

Private student speech is not government speech

The essay turns on a distinction that decides both questions: student speech in response to an open assignment is private speech, and a public school is a government actor. Grading comes first and is the easier half. The student answered the prompt — they were asked to write about the person they consider their hero and they did — so the essay is graded on the criteria that apply to every other submission: argument, evidence, organisation, mechanics. Marking it down because the subject is religious would be viewpoint discrimination by a government employee, and marking it up out of sympathy is the same error in the other direction. Say explicitly that the rubric is content-neutral and that religious content is neither a bonus nor a penalty; that single sentence is the legal answer to the first question, and it is worth stating in exactly those terms.

Display is where the constitutional analysis actually bites, because it puts the school's imprimatur near private speech and raises the Establishment Clause. The governing intuition is that a reasonable observer must be able to tell the difference between the school speaking and a student speaking. Your standard practice of displaying all student work is what saves the display: because everyone's work goes up, no one is being endorsed, and refusing to display this one piece because it is religious would itself be viewpoint discrimination and hostility toward religion rather than neutrality. Build the essay around the three-part framework — Tinker for student expression that does not disrupt, Hazelwood for school-sponsored speech, and the Establishment Clause line running through Santa Fe and Kennedy v. Bremerton. Three of your five references must be Supreme Court cases, so cite the opinions rather than commentary about them, and note where Kennedy moved the analysis away from the Lemon test.

Likely learning objectives

Inferred from the brief — check these against your own rubric.

  • 01
    Distinguish private student speech from school-sponsored government speech.
  • 02
    Apply free speech doctrine to an assignment response with religious content.
  • 03
    Apply Establishment Clause analysis to classroom display of student work.
  • 04
    Use primary Supreme Court sources rather than secondary commentary.
Assignment instructionsQuoted verbatim

Read the full question

Review every instruction before using the planning guidance that follows.

You have a standard practice of displaying all student work in your classroom. Recently, you assigned students to write any essay and submit a pictorial depiction on the person they considered to be their hero. One of your students submitted an essay on Jesus and a drawing of the Last Supper. In a 500-750-essay, discuss any legal issues regarding the grading of your student’s essay and whether you could display the student’s work. How does the First Amendment apply to this situation? Include at least five references in your essay. At least three of the five references should cite U.S. Supreme Court cases. Prepare this assignment according to the guidelines found in the APA Style Guide, An abstract is not required.
Course-wide instructions that accompany this question

You must proofread your paper. But do not strictly rely on your computer’s spell-checker and grammar-checker; failure to do so indicates a lack of effort on your part and you can expect your grade to suffer accordingly. Papers with numerous misspelled words and grammatical mistakes will be penalized. Read over your paper – in silence and then aloud – before handing it in and make corrections as necessary. Often it is advantageous to have a friend proofread your paper for obvious errors. Handwritten corrections are preferable to uncorrected mistakes. Use a standard 10 to 12 point (10 to 12 characters per inch) typeface. Smaller or compressed type and papers with small margins or single-spacing are hard to read. It is better to let your essay run over the recommended number of pages than to try to compress it into fewer pages. Legal issues regarding the grading of your student’s essay Likewise, large type, large margins, large indentations, triple-spacing, increased leading (space between lines), increased kerning (space between letters), and any other such attempts at “padding” to increase the length of a paper are unacceptable, wasteful of trees, and will not fool your professor. The paper must be neatly formatted, double-spaced with a one-inch margin on the top, bottom, and sides of each page. When submitting hard copy, be sure to use white paper and print out using dark ink. If it is hard to read your essay, it will also be hard to follow your argument. ADDITIONAL INSTRUCTIONS FOR THE CLASS Discussion Questions (DQ) Initial responses to the DQ should address all components of the questions asked, include a minimum of one scholarly source, and be at least 250 words. Successful responses are substantive (i.e., add something new to the discussion, engage others in the discussion, well-developed idea) and include at least one scholarly source. One or two sentence responses, simple statements of agreement or “good post,” and responses that are off-topic will not count as substantive. Substantive responses should be at least 150 words. I encourage you to incorporate the readings from the week (as applicable) into your responses. Weekly Participation Your initial responses to the mandatory DQ do not count toward participation and are graded separately. In addition to the DQ responses, you must post at least one reply to peers (or me) on three separate days, for a total of three replies. Participation posts do not require a scholarly source/citation (unless you cite someone else’s work). Part of your weekly participation includes viewing the weekly announcement and attesting to watching it in the comments. These announcements are made to ensure you understand everything that is due during the week. APA Format and Writing Quality Familiarize yourself with APA format and practice using it correctly. It is used for most writing assignments for your degree. Visit the Writing Center in the Student Success Center, under the Resources tab in LoudCloud for APA paper templates, citation examples, tips, etc. Points will be deducted for poor use of APA format or absence of APA format (if required). Cite all sources of information! When in doubt, cite the source. Paraphrasing also requires a citation. I highly recommend using the APA Publication Manual, 6th edition. Use of Direct Quotes I discourage overutilization of direct quotes in DQs and assignments at the Masters’ level and deduct points accordingly. As Masters’ level students, it is important that you be able to critically analyze and interpret information from journal articles and other resources. Simply restating someone else’s words does not demonstrate an understanding of the content or critical analysis of the content. It is best to paraphrase content and cite your source. LopesWrite Policy For assignments that need to be submitted to LopesWrite, please be sure you have received your report and Similarity Index (SI) percentage BEFORE you do a “final submit” to me. Once you have received your report, please review it. This report will show you grammatical, punctuation, and spelling errors that can easily be fixed. Take the extra few minutes to review instead of getting counted off for these mistakes. Review your similarities. Did you forget to cite something? Did you not paraphrase well enough? Is your paper made up of someone else’s thoughts more than your own? Visit the Writing Center in the Student Success Center, under the Resources tab in LoudCloud for tips on improving your paper and SI score. Late Policy The university’s policy on late assignments is 10% penalty PER DAY LATE. This also applies to late DQ replies. Please communicate with me if you anticipate having to submit an assignment late. I am happy to be flexible, with advance notice. We may be able to work out an extension based on extenuating circumstances. If you do not communicate with me before submitting an assignment late, the GCU late policy will be in effect. I do not accept assignments that are two or more weeks late unless we have worked out an extension. As per policy, no assignments are accepted after the last day of class. Any assignment submitted after midnight on the last day of class will not be accepted for grading. Communication Communication is so very important. There are multiple ways to communicate with me: Questions to Instructor Forum: This is a great place to ask course content or assignment questions. If you have a question, there is a good chance one of your peers does as well. This is a public forum for the class. Individual Forum: This is a private forum to ask me questions or send me messages. This will be checked at least once every 24 hours. Legal issues regarding the grading of your student’s essay

02

Turn the brief into deliverables

  1. 01
    The legal issues in grading the essay.
  2. 02
    Whether the student's work may be displayed.
  3. 03
    How the First Amendment applies to the situation.
  4. 04
    At least five references.
  5. 05
    At least three references that are US Supreme Court cases.
  6. 06
    500–750 words in APA format, no abstract required.
03

Grade, display, then the constitutional framework

01

The situation and what is legally at stake

Set out the assignment, the submission and the two decisions facing the teacher.

02

Grading: content-neutral criteria

Argue that the rubric applies unchanged and why deviating either way is unlawful.

03

Student speech doctrine

Apply Tinker and Hazelwood to the essay as a response to an open prompt.

04

Display and the Establishment Clause

Analyse whether displaying the work would signal endorsement.

05

Why refusing to display would be worse

Show that selective exclusion is itself discrimination.

06

Recommendation

State what you would do and the doctrinal basis for it.

04

The cases the brief requires you to cite

Recommended databases

  • Supreme Court of the United States opinions
  • Oyez
  • Justia US Supreme Court Center
  • Your university library's education law database
  • US Department of Education guidance

Search sequence

  1. 1.
    Read Tinker on student expression and note its substantial-disruption standard.
  2. 2.
    Read Hazelwood and identify what makes speech school-sponsored.
  3. 3.
    Read Kennedy v. Bremerton and note how it displaced the Lemon test.
  4. 4.
    Find Department of Education guidance on religious expression in public schools.
  5. 5.
    Confirm three of your five sources are Supreme Court opinions before drafting.
05

Reference shortlist

These are authoritative starting points, not a ready-made bibliography. A qualified reviewer must confirm that each source fits the assignment and supports the claim beside which it is cited.

Nothing here is cleared for citation until you have read it.

  1. 01

    John F. Tinker and Mary Beth Tinker v. Des Moines Independent Community School District

    Legal Information Institute, Cornell Law School · 1969

    The foundational student-speech case: expression is protected unless it substantially disrupts.

  2. 02

    Hazelwood School District v. Cathy Kuhlmeier

    Legal Information Institute, Cornell Law School · 1988

    Defines school-sponsored speech and when a school may regulate it, which frames the display question.

  3. 03

    Kennedy v. Bremerton School District

    Legal Information Institute, Cornell Law School · 2022

    The current Establishment Clause approach, which displaced the Lemon test with history and tradition.

  4. 04

    Santa Fe Independent School District v. Doe opinion

    Legal Information Institute, Cornell Law School · 2000

    Draws the line between private religious expression and school endorsement of it.

  5. 05

    Guidance on Constitutionally Protected Prayer and Religious Expression in Public Elementary and Secondary Schools

    US Department of Education · 2020

    Federal guidance translating the case law into what a teacher may actually do.

06

Review before submission

Common mistakes

  • Treating grading and display as one question with one answer.
  • Concluding that religious content must be removed from a public school classroom.
  • Marking the work differently — up or down — because of its subject.
  • Citing commentary and blog posts instead of the Supreme Court opinions themselves.
  • Applying Lemon as current law without noting how Kennedy changed the analysis.
  • Ignoring that displaying all student work is what makes this display neutral.

Submission checklist

  • Grading and display are answered separately.
  • Private student speech is distinguished from school-sponsored speech.
  • The Establishment Clause is addressed, not only free speech.
  • At least three Supreme Court cases are cited as primary sources.
  • The essay is 500–750 words and in APA format.
  • A recommendation is stated, not just an analysis.

Use this guide to plan and review your own work. Follow your institution's rules and read our academic-integrity policy.

Written by

Aaron Bishop

MA, Education

assignment interpretation and research-methods coaching across disciplines

Aaron leads the EssayCrackers editorial desk. He works on how assignment briefs are read — what a rubric is actually asking for, and where students most often answer a different question than the one set.

Reviewed by

Dr. Nathan Cole

PhD, Rhetoric & Composition

Argumentation and thesis development

Nathan teaches first-year composition and directs a university writing center. He reviews EssayCrackers guides for argumentative soundness and citation accuracy.

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