Federal Courts Say “Merry Christmas!”

School districts may not ban teachers and students from saying “Merry Christmas.” The Supreme Court has stated that teachers and students do not “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” [Tinker v. Des Moines Indep. Cmty. Sch. Dist., 393 U.S. 503, 506 (1969) (holding that the wearing of armbands by students to show disapproval of Vietnam hostilities was constitutionally protected speech).]

Under the direction of President Clinton, U.S. Secretary of Education Richard Riley issued guidelines concerning religious discussion of students, which stated, “Students therefore have the same right to engage in . . . religious discussion during the school day as they do to engage in other comparable activity.” [U.S. Dept. of Educ., Religious Expression in Public Schools, Archived Information, Guidelines, available at http://www.ed.gov/Speeches/08-1995/religion.html (last modified Jan. 26, 2000).]

Teachers also have the right to greet students with the words “Merry Christmas,” in spite of their role as agents of the state. In order to violate the Establishment Clause, a teacher would have to use her authority to promote religion to impressionable youth. [School Dist. of Abington v. Schempp, 374 U.S. 203 (1963).] Saying a simple greeting that people commonly use in December does not rise to a state endorsement of religion.

Additional precedents confirmed by Supreme Court rulings: The Constitution protects all speech, including religious speech in public schools; the first amendment protects religious speech; the first amendment’s establishment clause does not require school officials to suppress seasonal religious expression; school officials may call a school break “Christmas” vacation; public schools may have students sing religious Christmas carols; public schools may close on religious holidays, such as Christmas and Good Friday; publicly acknowledging Christmas does not require public officials to recognize all religious holidays; free speech includes the right to say “Merry Christmas!”; Students may study the religious origins of Christmas and read the biblical accounts of the birth of Christ in public schools; public schools may exhibit religious symbols; students have a constitutional right to be exempt from activities with a religious content; the constitution protects religious speech; students have a constitutional right to express their faith and religious ideas in a public school; students have the right to distribute religious materials such as Christmas cards containing Bible verses in public schools; students have the right to express religious viewpoints in schools assignments, reading materials, and clothing.