1ST AMENDMENT
Read the following notes and answer the questions
on a separate sheet. You need to discuss each
question with your group. Answers need to be in full
sentences. You can use your books if you need to.
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The First Amendment includes:
◦
◦
◦
◦
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Freedom
Freedom
Freedom
Freedom
Freedom
of
of
of
of
of
Religion
Speech
Press
Assembly
Petition
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Put these five parts of the First Amendment in
order of importance.
◦ Explain your reasoning for your #1 answer.
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You are allowed to practice your religion in
any manner that you choose:
However, this is not a 100% guarantee. You
can practice;
◦ as long as you don’t commit a crime.
 Example – you can not commit murder in the name of
religious sacrifice.
 Example – you can not commit poligamy in the name
of religion.
◦ If you do these things, you will not be protected by
your First Amendment rights.
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Can you think of another limit on your rights?
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Congress shall make no law respecting an
establishment of religion, or prohibiting the
free exercise thereof…
The Establishment Clause (in red) – stops the
government from supporting any particular
religion, by creating a religion of the country,
or by giving money to particular churches.
The Free Exercise Clause (in purple) – allows
us as individuals to exercise any religion we
want, or to not exercise religion at all.
A.
B.
What phrase is the Establishment Clause
also known as?
Give an example of what the Establishment
Clause is referring to?
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Many Supreme Court Cases deal with either;
◦ Prayer in public schools
 The government can’t force you to say prayers in
public schools, but can’t stop you as an individual
from saying your own prayer.
 Engel v. Vitale
◦ Government involvement (tax $ support) in
parochial schools.
 Can (government) tax payer dollars be used to aid
parochial schools?
 Lemon v. Kurtzman
A.
B.
What is a parochial school?
What does secular mean?
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Outlawed school sponsored prayer in public
schools.
◦ That means a public school can not require a prayer
be said in school.
A.
Do you think that some public schools still
have prayers in school?
◦ If not, do you think this is fair?
◦ If so, when do you think they have prayers?
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The Supreme Court Justices used this case to
create a test to determine whether the
government can give tax ($) aid to a parochial
school. It is a 3 part test.
◦ 1. Does it have a secular purpose?
◦ 2. Does it neither inhibit (prevent) religion or
enhance (support) religion?
◦ 3. Does it avoid excessive government
entanglement?
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Using the Lemon case (“test”) to help decide
other future “aid to parochial school” cases is
an example of what (term)?
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Example #1
Everson v. Board of Education – The Supreme
Court ruled that a New Jersey state law that
allowed tax dollars to be used to pay for
school buses for parochial schools
constitutional. Because it is for a secular
purpose (part #1) – to take kids to school to
get an education.
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Example #2
Wolman v. Walter – The Supreme Court ruled
that an Ohio law that used tax dollars for
school buses for field trips was
unconstitutional. It was excessive
entanglement with government (part #3)
because the schools would have to contact
the government every time they went on a
field trip so they could decide if it was for a
secular purpose (field trip to zoo / secular,
field trip to see the Pope / religious).
A.
B.
Can you think of another example of when
it would be ok to use tax $ in a parochial
school?
Can you think of another example of when
it is not ok?
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In a group of 3 you will be reviewing court cases
about freedom of religion.
You will need to read the case (it is a class copy
– please do not write on it) and have a group
piece of paper (put all of your names).
◦ You can use the Constitution p C2, CH 19, or this PP
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You will need to answer as a Supreme Court
Justice – in how you interpret the Constitution.
Not as a civilian with your own personal
opinion. (You can decide that a law violates
someone’s rights & is unconstitutional or that a
law does not violate, or it does but for an
acceptable reason.)
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Answer the questions at the end of the whole
sheet.
Answer the ultimate question -does it violate
the Establishment Clause (if the government
is involved) or does it violate the Free
Exercise Clause (if an individuals right to
religion is involved) in a conference
discussion.
Write your majority, concurring, and
dissenting opinions. Remember, you need to
explain your decision as well as your
reasoning.
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Abington School District v Schempp
Murray v. Curlett
Westside Community Schools v. Mergens
Lee v. Weisman
Wallace v. Jaffree
Lemon v. Kurtzman
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Protects –
◦ Pure Speech – spoken word
◦ Symbolic Speech – actions that express yourself (ex.
Burning the flag)
 Example: Tinker v. Des Moines – US Supreme Court
ruled that students were allowed to wear black
armbands to protest the Vietnam War.
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Does not protect
◦ Slander – spoken words that are untrue and can
hurt a person or their reputation.
◦ Libel – written words that are untrue and can hurt a
person or their reputation.
◦ Seditious Speech – advocates for the overthrow of
the government
◦ Clear & present danger speech – If your words lead
to danger or illegal action.
 Example – yelling fire in a movie theatre – if you were
joking and people rushed out and somebody got
trampled to death, you could be held responsible for
their death. And you can’t say, “but I have the right to
freedom of speech.”