Presentation Transcript

1. Warm-up: Jan. 30
2. Warm-up: Jan. 31

3. Freedom of Religion and Freedom of the Press

   (With Focus on the Establishment Clause and Free Exercise Clause)
4. The First Amendment: “The Establishment Clause”  Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise First Amendment 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 underlined part of the First Amendment is referred to as the “establishment clause.” What is meant by this clause? Thomas Jefferson described the “establishment clause” as setting up a wall between church and state, meaning that at all times that government and religion should be kept completely separate. This separation is kept to insure that the government cannot interfere with our right to religious freedom. Do you think it is a good idea to keep religion and the government separate?  The Supreme Court has made many rulings on the “establishment clause.” McCollum v. Bd. of Education(1948)- The Supreme Court ruled that even if religious instruction is voluntary in school, it is unconstitutional because the school is officially supporting the instruction. Engle v. Vitale (1962)- The Court said that all officially sponsored prayer in public schools, even if voluntary, represented unconstitutional official support for religion.
5. Lemon v. Kurtzman (1971) - The Court ruled that the state of Pennsylvania could not use tax money to reimburse non-public schools for teachers’ salaries, textbooks, and other materials even if they were careful to make sure the tax money was not used for religious purposes. The Court ruled that this policy resulted in “excessive entanglement” between government and religion. This case resulted in a 3-part test that would be used to decide further establishment clause cases. Under the Lemon Test a law must: Part 1 - have a secular, or nonreligious purpose Part 2 - neither advance nor limit religion Part 3 - not result in excessive government involvement with religion
6. “Free Exercise Clause”  - 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 underlined part of the First Amendment is referred to as the “free exercise clause.” What is meant by this clause?  Summarize where you stand on the “beliefs vs. rights” issue. Does the free exercise clause allow people to believe and behave as they wish? The Supreme Court has attempted not to limit the right to free exercise of religion, but has been compelled to do so for the following reasons. Religious practices cannot: -threaten the health and safety of others -violate social standards -violate constitutional laws The Supreme Court has made many rulings on the “free exercise clause”: Reynolds v. US (1879) - The Supreme Court ruled that the Utah territory’s law forbidding bigamy (the practice of having more than one wife) was not a violation of the free exercise clause. The Court’s reasoning behind this was the fact that the free exercise clause is only about belief and not action. Reynolds, a Mormon, was certainly allowed to believe in bigamy. He was just not allowed to act on his belief.
7. Wisconsin v. Yoder (1972) -- The Amish did not want to be forced to send their children to high school because they felt it was too worldly and would corrupt them. This time the Court ruled that, based on the free exercise law, the Amish did not have to send their kids to high school. A bigger part in this is the Court ruling that the government should try to accommodate as many varied religious beliefs as possible. Also, the Amish would use the time to let the child learn the ways of the farm and study the Bible. Can the government force parents to have their children vaccinated or to receive medical care if it is against their religious beliefs? Can Native Americans use illegal drugs if it is part of a religious ceremony?
8. FREEDOM OF THE PRESS The First Amendment guarantees freedom of the press and protects citizens from government censorship (The government control of information and speech). LIMITS ON A FREE PRESS LIBEL Libel – written statement or visual presentation that is defamatory, or unjustly harms another person’s character or reputation. The Courts have ruled that it is up to the public figure who believes they have been the victim of libel to prove the author intended harm or did not care whether the statements are false. PRIOR RESTRAINT Prior Restraint -- censorship before publication. The Courts have ruled that this is allowed only in extreme cases, such as wartime, or when a publication is obscene or incites readers to violence. In 1971, the Pentagon Papers outlined America’s past conduct in the Vietnam War. The Court ruled the newspaper was allowed to print the document because it would not cause “direct, immediate, and irreparable harm.” CLEAR AND PRESENT DANGER RULE Government should only be allowed to restrain speech (written or otherwise) when speech clearly presents an immediate threat to public order. GAG ORDERS A restriction on the publicity about a trial in progress or prior to its being tried. FREEDOM OF INFORMATION ACT (1966) Requires federal agencies to release information from their files to the public Exceptions include: Information affecting national defense or foreign policy Personnel and medical files Trade secrets, investigatory records, and other confidential information
9. FREEDOM OF ASSEMBLY Time, place and manner restrictions protect people from loud noise, blocked streets, and other intrusions. The Court said these restrictions must be administered fairly To assemble, a permit must be granted stating the time and place of the gathering. These permits do not have to be granted if they will interfere with vital activities such as control of a jail or the education of children Freedom of association is also protected. The Court ruled that the NAACP did not have to adhere to the request made by the state of Alabama for a list of their members.