Unit Objective
• In this unit, we are going to be examining
some of the amendments that make up
the Bill of Rights. We are going to pull in
relevant information from real law cases
and analyze how these cases relate to the
Bill of Rights.
How many amendments make
up the Bill of Rights?
Amendment 1*
Amendment 2*
Amendment 3
Amendment 4*
Amendment 5*
Amendment 6*
Amendment 7
Amendment 8
Amendment 9
Amendment 10
Those amendments
with an * will be the
ones we cover in
depth…
st
1
Amendment
substitute each underlined word
concerning
forbidding
Liberty to
speak
one’s
mind
Power
urge
Pass
Adoption by the
state
“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 grievance.”
Correction
of wrongs
practice
limiting
News
media
Gather
together
New Wording
“Congress shall make no pass no law
concerning an adoption by the state of
religion , or forbidding the practice
thereof; or limiting the liberty to speak
one’s mind, or of the news media, or the
power of the people peaceably gather
together, and to urge the government for a
correction of wrongs.”
Six Key Ideas in the 1st Amendment
No
established
religion
Right to
petition the
government
Free
exercise of
religion
Right to
assemble
peacefully
Freedom of
speech
Freedom of
the press
Religious Liberty
• The 1st amendment has two guarantees on
religious freedom
#1 Prohibits “an establishment of religion”
ESTABLISHMENT CLAUSE
*Flip chart definition*
#2 Any deliberate interference by government
with “The Free Exercise” of religion
FREE EXERCISE CLAUSE
*Flip chart definition*
Origins of the Religion Clauses
• There are three important
factors which led to
increased sentiment for
religious freedom in
America
#1
• Colonist’s previous experience with
established religion
– Roman Catholic Church was dominant in most
of the European counties for centuries until the
Reformation which let Protestant Christianity
spread until either religion became dominant
– These governments tended to be discriminatory
with lots of persecution
– They came to America to escape persecution
and even here some religions dominated and
got more financial support from the states than
others
#2
• Sentiment for toleration
– Toleration of religious differences was
necessary for a peaceful society
– Social disharmony was cause by religious
conflicts
#3
• Separation of Church and State
– Seeing the problems that could be had, many
people came to believe that the state should
not be involved in the support of any religion
Religion & Education
In what ways is freedom
of religion limited in
public school?
Separation of Church and State
• Government can support religion,
but not directly promote religion
• Everson v. Board of Education
students being bussed to parochial
school with city owned busses.
Found constitutional
#1 “release time” programs allow
public schools to release students
during school hours to attend religion
classes
McCullum v. Board of Education
• Students being released from regular
classes to attend religion classes in other
classrooms in the school
• Found
unconstitutional
Zorach v. Clauson
• Students being released from regular
classes to attend religion classes in a
private location
• Found constitutional
#4 ALABAMA Cant hold moment of
silence for prayer meditation
Wallace v. Jaffree
1985
#5 RHODE ISLAND No prayer in
graduation
Lee v. Weisman
1992
#6 School districts that require student
led prayers before football games [can
only do it privately, led by students, and
voluntary]
Santa Fe MD School District v. Doe
2000
Engel v Vitale
• School districts in New York were using a
non-denominational prayer at the start of
each day that read:
• Almighty god, we acknowledge our
dependence upon thee, and beg Thy
blessings upon us, our parents, our
teachers, our country
• Found Unconstitutional
Stone v. Graham
• In Alabama, school districts were require
to set aside a one-minute period of silence
for meditation and prayer.
• Found Unconstitutional
Equal Access Act of 1984
Student religious groups can
meet in the school on the
“same terms as other student
organizations”
#7 Cant forbid teaching of
evolution
Epperson v. Arkansas
1968
• This was put in to guarantee to each
person the right to believe whatever
he/she chooses to believe in matters of
religion
• And to let them practice their religion as
their faith requires
Use of poisonous snakes is forbidden in Bunn v. North Carolina
religious rituals
1949
Upheld laws that require vaccination of
school children
Jacobson v. Massachusetts
1905
State that requires religious groups to
have a permit to hold parade on public
streets
Cox v. New Hampshire
1941
Organizations that enlist children to sell Prince v. Massachusetts
religious literature must obey child labor 1944
laws
Federal government can draft those
Welsh v. United States
who have religious objections to military 1970
service
Air Force can deny Orthodox Jews from Goldman v. Weinberger
wearing yarmulke on active duty
1986
What is okay?
• All individuals have the right to
pray whenever and wherever they
please.
• Religious texts can be studied as
literature in schools, just not
sponsored.
Person does not have to have a license
before soliciting money for a religious
cause
Cantwell v. Connecticut
1940
Amish children cannot be forced to
attend school after 8th grade because
that sect needs a “self-sufficient
agrarian lifestyle” for their faith; its
threatened by exposure to modern
education
Wisconsin v. Yoder
1972
Animal sacrifices are allowed as part of
a church service
Lukumi Babalu Aye v. City of Hialeah
1993
People do not have to salute American
flag is you see it as a violation of the
Bible’s commandment against idolatry
West Virginian Board of Education v.
Barnette
1943
Reynolds v. United States
• Reynolds was a practicing Mormon.
Mormons believe in polygamy (marrying
more than one wife). He was jailed for
breaking a federal law banning polygamy.
• Found constitutional
Group Activity
• Each student was given a specific number
• Read the case study that matches your
number
• All #1s, #2, #3, #4s get together
• Fill out “Guide for Analyzing Cases”
• Someone share out from each group
– Do you agree with the decision of the court?