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					            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
         The First Amendment

                Religion

 Establishment   Clause


 Free   Exercise Clause
         Establishment Clause

   “separation of church and state”?
          Establishment Clause

   Government can’t endorse one or more
    religions over another or spend any tax
    money in support of religious activities or
    institutions.
   Everson v. Board of Education (1947)
   “Religiously neutral”
         Establishment Clause
    Lemon test, the endorsement test, and
     the coercion test.
1.   Does the challenged law or other
     governmental action, have a bona fide secular
     (non-religious) or civic purpose?
2.   Is the action neutral?
3.   Does the law or action avoid excessive
     entanglement of government with religion?
    A negative answer to any of the three
     questions means the act is
     unconstitutional.
1.The student body of a public high school votes unanimously in
favor of including prayer in the graduation ceremony. The ceremony
is held in the school gymnasium. May a student speaker include a
prayer?



2. A 10-year-old boy brings a Bible to school to read during free
time and independent reading. May he do that?

3. A student sitting in the school cafeteria bows her head and
silently says grace before eating her lunch. May she do that?

4. A school sends to each home a letter asking for parents to sign a
release form. This consent form would allow schools to give their
children’s names to Partners in Prayer. The group’s members adopt
classrooms and pray for students. May the school do that?
5. A large city school system adds a unit on historical developments in
religious thought in its world history program. This unit includes teaching
about major world religions. May schools do that?


6. Teachers in the English department of a high school, discovering that
students did not understand the allusions found in poetry, added a study of
the Bible as literature in its tenth grade program. May the English
department do that?



7. In Pennsylvania and Baltimore schools, authorities require all students to
recite the Lord’s Prayer. Students are excluded from this activity if parents
write a note requesting their son or daughter be excused from the recitation.
May the schools require students to recite the Lord’s Prayer?


8. The Young Buddhists Club prepares daily announcements and a bulletin
board to invite students to Bodhi Day celebration. May they do that?

9. A student in art class draws hands folded in prayer holding rosary beads.
The teacher tells her the work is inappropriate for a graded project. May the
teacher refuse to allow students to draw or photograph work with religious
symbols or items?
          Free Exercise Clause
   Cannot make laws that restrict or prohibit
    a person’s religious practices.
   “health, safety and welfare of the
    community”
   The Supreme Court traditionally has
    required governmental bodies to
    demonstrate a compelling interest of the
    “highest order” before they interfere with
    religious conduct.
                 Speech

         THREE TYPES OF SPEECH
   Pure Speech: verbal expression
    before a voluntary audience
                SPEECH

   SPEECH PLUS: involves action along
    with verbal speech
                SPEECH
   SYMBOLIC SPEECH: may not involve
    any “speech” at all; expression by
    conduct.
                   Speech

   Commercial Speech: advertisements, TV,
    and radio v. political issues and social
    issues.
              SPEECH

   GENERAL TESTS FOR FREE SPEECH

1. Clear and Present Danger
              SPEECH

2. Fighting Words: was something said
    face-to-face that would incite
    immediate violence
            SPEECH

3. TIME, PLACE, MANNER
                 SPEECH
4. LIBEL and SLANDER: written or spoken
Was the statement false, or put in a context
  that makes true statements misleading?
  You do not have the constitutional right to
  tell lies that damage or defame the
  reputation of a person or organization.
                  SPEECH
5. OBSCENITY: 1973 by a vote of 5-4 the
  Supreme Court held that obscene
  materials do not enjoy First Amendment
  protection; Miller v. California.

   Miller Test: Must receive three
    affirmative responses to be considered
    obscene. “Obscene” material is not
    protected for anyone; “indecent” material
    is protected for adults
                  SPEECH
         MILLER TEST QUESTIONS:
1.   Would an average person, applying the
     contemporary community standards,
     viewing the work as a whole, find the
     work appeals to the prurient interest?
2.   Does the work depict or describe sexual
     content in a patently offensive way?
3.   Does the work taken as a whole lack
     serious literary, artistic, political, or
     scientific value?
            SPEECH
6. CONFLICT with OTHER LEGITIMATE
  SOCIAL or GOVERNMENTAL
  INTERESTS
     SPEECH: KEY CASES (SCHOOLS)

    Tinker v. Des Moines Independent School
     District (1969)
1.   teachers and students don’t “shed their
     constitutional rights to freedom of
     speech and expression at the
     schoolhouse gate…”
2.   as long as an act of expression doesn’t
     disrupt class work or school activities or
     invade the rights of others.
    SPEECH: KEY CASES (SCHOOLS)

   Bethel School District v. Fraser (1986)

   Fredrick v. Morse (2002)

				
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