LBriones First Amendment APGoPo 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. Complete the following activities NEATLY ON YOUR OWN PAPER. Work alone, FREEDOM OF, AND FROM, RELIGION I. Vocab from hippocampus videos (you can do this at home or read the transcript): 1. Wall of Separation ~ 2. Establishment clause ~ 3. Free exercise clause ~ II. Directions: Complete the chart by placing a yes or a no in the constitutional column along with an explanation of the court ruling. Scenario 1-A teacher led prayer in a public high school or encouragement of prayer by school authorities (at graduation or football games). Court Case Engel v. Vitale 2-Erecting a manger scene at town hall with private money County of Allegheny v. ACLU 3-Making state financial aid available to "church- related educational institutions" (i.e. Catholic schools’ teacher salaries & instructional materials)? Lemon v. Kurtzman 4-Teaching Creationism or intelligent design in a public high school biology class Tammy Kitzmiller v. Dover Area School District, Scopes v. TN 5-The practice of polygamy Reynolds v. U.S. Constitutional? & explanation LBriones First Amendment APGoPo III. Freedom of Religion tests Directions: Think about a situation where religion is tangled up with government. Here are the tests the following people use. · Liberals Lemon test Lemon v Kurtzman (1971) 1. A law must have a secular legislative purpose 2. A law must neither advance nor inhibit religion 3. It must avoid excessive government entanglement with religion · Moderates Endorsement Test Establishment clause prohibits government practices that a reasonable observer would view as endorsing religion. · Conservative Non-Preferentialist test Government may not prefer one religion over another but government can accommodate religious activities or organizations as long as it is non-preferential of one over another. Apply each test to the following: 1. Some County Board of Commissioners begin each meeting with a prayer. 2. In the case of Locke v Davey (2003), The State of Washington revokes a tax-payer funded scholarship for Joshua Davey to go to Theological Seminary. IV. Freedom of Religion Opinion Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof… Directions: Read over all of the following scenarios and choose one to answer in detail (paragraph(s)). 1. Is today’s wall of separation between church and state at the right height? 2. Should the state of Alabama Supreme Court be allowed to display a huge granite statue of the Ten Commandments in its public rotunda? I am the lord your God You shall have no other gods before me You shall not make for yourself an idol You shall not make wrongful use of the name of your God Remember the Sabbath and keep it holy 3. Would the US be better off if it was a more religious country? 4. Should science teachers be allowed to teach evolution in a science class at DeBakey? Should science teachers be allowed to teach creationism in a science class at DeBakey? 5. If you could keep only one clause would it be the establishment or the free exercise clause? 6. Should American money say “In God We Trust” on it? LBriones First Amendment APGoPo Congress shall make no abridging the freedom of speech…. In "On Liberty" (1859) John Stuart Mill argued that "...there ought to exist the fullest liberty of professing and discussing, as a matter of ethical conviction, any doctrine, however immoral it may be considered." Mill argues that the fullest liberty of expression is required to push arguments to their logical limits, rather than the limits of social embarrassment. However, Mill also introduced what is known as the harm principle, in placing the following limitation on free expression: "the only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others. Case Date Doctrine/Outcome Schenck v. U.S. 1919 Clear & Present Danger Doctrine Gitlow v. New York 1925 Incorporation Doctrine New York Times v. Sullivan 1964 Libel Brandenburg v. Ohio 1969 Hate Speech / ”imminent lawless action” Doctrine Tinker v. Des Moines 1969 Student speech / symbolic speech Hazlewood School District v. 1988 School censorship Texas v. Johnson 1989 Symbolic political speech Boy Scouts of America v. 2000 Freedom of Association Morse v. Frederick 2007 Student speech limits (“Bong Hits for Jesus”) Citizens United v. Federal 2010 Political independent expenditures by corporations, Kuhlmeir Dale Elections Commission associations, or labor unions. I. Briefly summarize decision and importance of 4 of the 10 cases above. You must do the two BOLD ones and choose any other two. II. Write an argument for the case Boy Scouts of America v Dale. You can be for the Boy Scouts or Dale, it's up to you, just write an argument for whichever side you are on. III. Answer all of the following questions 1. 2. 3. 4. What is speech? What is the Clear and Present Danger Doctrine? Are there any lines of freedom of speech that you cannot cross? What is hate speech and what is the law regarding hate speech? Freedom of Speech Opinion Directions: Read over all of the following scenarios and choose one to answer in detail (paragraph(s)). 1. Should freedom of speech be absolute? 2. List specific kinds of speech you would be willing to limit: 3. Do we have too much freedom of speech in our country? 4. Should the Nuremberg Files web site be legal? 5. Should the Westboro Baptist Church be allowed to protest funerals?