19.2 – Freedom of Religion

19.2 – Freedom
of Religion
- Protections against the arbitrary acts of the
government are technically known as ___.
-separation or isolation of a racial group from the
rest of the population.
-The ___ prohibits the government from establishing
or sanctioning any religion.
-One who owes allegiance to a state and is entitled
to it's protection.
- The ___ was the basis for the Court’s decision
that Amish parents need not obey compulsory
education laws.
A. segregation
B. Free Exercise Clause
C. Establishment Clause
D. citizen
E. civil liberties
WARM – UP 2/19
Freedom of Expression
• Why is “religion” first?
• Guarantees of religious
– Establishment Clause: no state
• Free Exercise Clause: free
Separation of Church &
• “A wall of separation
between church and
state…” Thomas Jefferson
• Separated, but not enemies
Religion & Education
• Prayers & The Bible
– Engel v. Vitale: outlawed the use, even
on a voluntary basis, of prayer in school
– Stone v. Graham: no 10
– Wallace v. Jaffree: no “moment” for
“meditation or voluntary prayer”
– Lee v. Weisman: no prayer at graduation
– Santa Fe I.S.D. v. Doe: no student-led
prayer at the football game
– You CAN pray when you choose and
study the Bible in a literary or historical
Religion & Education
• Aid to Parochial Schools
– Why?: Parents have to pay taxes
to public schools → Why should
they pay taxes to a school their
child doesn’t attend? Money is
“transferred” to private schools
through state funding
Free Exercise Clause
• Free Exercise Clause – free to
• It doesn’t give anyone the right to
violate criminal laws, offend public
morals, or otherwise threaten the
welfare of the community
(Example: Polygamy)
• Limits on free exercise
– You can be drafted even if you have
religious objections to military service
19.3 – Freedom
of Speech &
Free Speech & Press
• Free Speech & Press: all people
have the right to have their say and
the right to hear what others have
to say
• However…no person has the right
to libel or slander another
– Libel: false or malicious use of
printed words
– Slander: false or malicious use of
spoken words
Free Speech or Sedition?
• Sedition: Crime of attempting to
overthrow the government by force
or to disrupt its lawful activities by
violent acts
• Seditious Speech: Advocating of
such crime
– Court will only uphold a decision if
there is “Clear & Present Danger”
– You can be punished if the words
used trigger an immediate danger
The Media
• Confidentiality
– Reporters argue that to insure
confidentiality they can’t reveal
information or sources
– Courts: reporters are like citizens – if
they are to receive special
exemptions, they must come from
• States: some 30 states have
passed “Shield Laws” to protect
Radio & Television
• Subject to the most extensive
federal regulations
– FCC: Federal Communications
• Why?: they use public property –
Symbolic Speech
• Picketing (only peacefully)
• Armbands in school
• Flag-burning
Commercial Speech
• Not all is protected –
false/misleading advertisement or
illegal goods/services
19.4 – Freedom
of Assembly &
The Constitution’s
• To gather with one another
– political parties, organizations,
petitions, letters, advertising,
parades, etc.
– protects the rights of peaceable
assembly and petition
• It doesn’t give you the right to
incite others to violence
• Rules must be content
neutral (government can
regulate assemblies on the
basis of time, place, and
Public Property
• Public demonstrations (on
streets, sidewalks, and
public parks)
• Most cases state that you
must give advance notice
Private Property
• Example: Shopping Centers
• The rights of assembly and petition
do NOT give people a right to
trespass on private property