1st Amendment
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.
Freedoms are not absolute!
Religion
• Establishment Clause – prohibits an
establishment of religion by the government
• Free Exercise Clause – prohibits the
interference by government in the exercise
of religion
Religion in Schools
•
Buses
– Public school buses can bus
parochial school children as a
matter of safety (Everson v. Board
of Education of Ewing Township,
1947)
•
Release time
•
– State funds can be used for secular
textbooks that are used in public
and religious schools (Board of
Education of Central School
Discrict No. 1, 1968)
•
Religious Organizations
•
– Must be allowed just as other
organizations are allowed
(Westside Community Board of
Education v. Mergens, 1990)
•
Evolution
Remedial Program Funds
– Public Funds can be used in church
run schools for secular remediation
programs (Agostini v. Felton,
1997)
– Students can be released from
school for religious classes if they
are held off school grounds
•
Textbooks
– Schools that teach evolution do not •
have to teach creationalism
(Edwards v. Aguillard, 1987)
Use of School Facilities
– Religious groups are allowed the
same access to school facilities as
other community groups (Lamb’s
Chapel v. Center Moriches Union
Free School District, 1993)
Prayer
– No prayer in school (even
voluntary) unless led by a students
– Although student led prayer at
high school football games were
not supported b/c it was endorsed
by the school (Santa Fe
Independent School District v. Doe
(2000)
Religion Con’t
• Community Holiday
Decorations
– Can display religious
Christmas symbols if
there are some nonreligious symbols, too
(Lynch v. Donnelly,
1984)
• Government prayer
– Congress and state
legislatures can open
with a prayer led by a
gov’t paid chaplain
[because it is a deeply
rooted historical
tradition (March v.
Chambers, 1983)]
Speech and Press
• Give people the right to have their say and
to hear what others have to say
• Intended to protect the expression of
unpopular views
Commercial Speech (businesses)
•
•
•
•
Can advertise services
Can advertise drug and alcohol prices
Cannot advertise misleading ads
Banned cigarette ads on radio and TV
Not protected…
• Libel – false and malicious use of printed
words
• Slander – false and malicious use of spoken
words
• Obscenity
• Speech that advocates violence
Prior Restraint
• Prior restraint – preventing information
from being spoken or printed
• In most cases, the gov’t CANNOT prevent
ideas from being expressed (Near v.
Minnesota, 1931)
• Military / CIA information
• School officials can censor school
newspapers
Symbolic Speech (non-verbal)
• Picketing by strikers
• Wearing a black arm band as a political
protest (Tinker v. Des Moines Independent
Community School District, 1969)
• Burning the American flag (Texas v.
Johnson, 1989)
Assembly and Petition
• Assembly – to gather with one another and
express view on public matters
• Petition – to bring views to the attention of
public officials (petitions, letters,
advertising, lobbying, parades, marches,
demonstrations)
• Time, Place, and Manner can be regulated
• Cannot trespass on private property