“ Congress shall make no law respecting the
establishment of religion, or prohibiting the free
exercise thereof. . .”
Government can neither help nor hinder
Government must stay neutral
Fighting words
Brandenburg Test
The Court now held that a person's words were
protected as free speech as long as they did not
directly incite unlawful action. Concerns became
raised later that the standard established in the
decision was not appropriate in situations involving
mass communications through the Internet and
popular talk-shows in the 1980s and 1990s.
Constitutional or Unconstitutional
•Schools limit student speech only because it is criticizing the
Unconstitutional
President. ______________
Constitutional
•Schools limit profanity ______________
•Schools force students to follow a dress code. Constitutional
_______________
Constitutional
•Schools require a school uniform. __________________
•Teacher instructs his students on religion in class.
Constitutional
________________
Unconstitutional
•Teacher leads his students in a prayer____________________
Constitutional
•School conducts random Locker searchers ________________
Unconstitutional
•School conducts random book bag searches ______________
•School doesn’t allow a student to wear religious symbols
Unconstitutional
_________________
•School allows a bible club in school
Constitutional
__________________
•Bible club students use the school’s loudspeaker to lead the
Unconstitutional
stadium in a prayer prior to a football game. ______________
Constitutional
•Principal leads a moment of silence. ______________
•School conducts a holiday concert that has many religious
Constitutional
songs. _________________
•School forbids a teacher from wearing religious symbol in
Unconstitutional
school. _______________
Unconstitutional
•School allows for a prayer during graduation. ________________
Constitutional
•“Under God,” in the pledge. ___________________
1. ____________________
The Patriot Act and warrant-less
electronic searches?
2. ___________________
The Death Penalty?
3. __________________
Slanderous stories reported on the
evening news?
4. __________________
The 10 commandments displayed in
the Supreme Court?
5. ___________________
A girl playing football?
6. ___________________
Background checks and other restrictions
meant to control weapons sales.
7. __________________
Censorship on the radio or the Fairness
Act.
8. __________________
“Under God” in the pledge
9. ___________________
Cross burning
10._________________
Same –sex marriages
11. _________________
Abortion rights
In this case the Supreme Court ruled against
the school led bible readings and prayer.
Supreme Court’s decision that greatly
increased the rights of the accused.
The Supreme Court ruled in favor of students
wearing black arm bands. This decision
protected student rights in schools. Schools
may still limit student expression, but they
must prove that the expression is causing a
disturbance.
The Supreme Court desegregated public
schools. The court ruled that “Separate but
equal” violated the 14th Amendment
The Supreme Court determined the
constitutionality of the state paying teachers
who taught in Catholic schools. The Court
determined that it was in fact a violation of
the establishment clause. This later led to a
test that is used to determine violations of
the establishment/free exercise clause of the
1st Amendment.
The Supreme Court determined that Anti-flag
burning laws were unconstitutional.
The Supreme Court declared that it was
unconstitutional for a school to force its
students to recite the Pledge of Allegiance.
The Supreme Court upheld the school’s
decision to conduct random locker searches.
The Supreme Court agreed that the principal
has the right to censor student newspapers.
The Supreme Court ruled against
inappropriate student speech, claiming that
the right to free political speech is not always
extended to students in a school.