Constitutional Law

The Vice Presidential Candidates and the First Amendment

The vice-presidential candidates touched mainly on the nation’s economic crisis and foreign policy last night, only briefly delving into hot-button domestic issues such as gay marriage. First Amendment rights were not in play, but research from the Freedom Forum First Amendment Center reveals that like many other issues that were discussed last night, the two candidates carry starkly different views.

Sen. Joe Biden (D-Del.), the Democratic vice-presidential contender, hews closer to being a staunch supporter of First Amendment rights. The Center’s research shows that the six-term senator’s record “indicates he is a proponent of First Amendment rights.” Alaska Gov. Sarah Palin, the Republican vice presidential hopeful, on the other hand, has little involvement with First Amendment issues, but according to the First Amendment Center research, what involvement she has had “could give First Amendment advocates cause for concern in several but not all respects.”

Biden’s record in the Senate has included votes against constitutional amendments that would mandate prayer in the public schools and ban so-called flag desecration. The U.S. Supreme Court has ruled that the First Amendment allows voluntary student-prayer in the public schools, not prayer mandated by school officials and has upheld a flag-burning incident as political speech protected by the First Amendment.

The First Amendment Center research touches on Palin’s inquiries as Wasilla, Alaska mayor about censoring books in the public schools, her comments to reporters that creationism should at least be debated in public school science courses and her relationship with the media as governor and now vice-presidential candidate. When running for governor in 2006, Palin echoed President George W. Bush’s stance on teaching creationism alongside evolution in the public schools, when she described herself as a proponent of teaching both. A federal court in 2005 ruled that creationism is religion and that the First Amendment principle of the separation of church and state barred religion from being taught as science in public schools.

Full post as published by ACS Blog on October 03, 2008 (boomark / email).