19.2 – Freedom of Religion
- Protections against the arbitrary acts of thegovernment are technically known as ___.
-separation or isolation of a racial group from
the rest of the population.
-The ___ prohibits the government from establishing
or sanctioning any religion.
-One who owes allegiance to a state and is entitled to it's protection.
- The ___ was the basis for the Court’s decisionthat Amish parents need not obey compulsory
education laws.
A. segregation
B. Free Exercise Clause C. Establishment Clause
D. citizenE. civil liberties
WARM – UP 2/19
Freedom of Expression
• Why is “religion” first?
• Guarantees of religious freedom– Establishment Clause: no state
religion
• Free Exercise Clause: free practice
Separation of Church & State
• “A wall of separation between church and state…” Thomas Jefferson
• Separated, but not enemies
Religion & Education• Prayers & The Bible
– Engel v. Vitale: outlawed the use, even on a voluntary basis, of prayer in school
– Stone v. Graham: no 10 Commandments– Wallace v. Jaffree: no “moment” for
“meditation or voluntary prayer”– Lee v. Weisman: no prayer at graduation– Santa Fe I.S.D. v. Doe: no student-led prayer
at the football game– You CAN pray when you choose and study
the Bible in a literary or historical context
Religion & Education
• Aid to Parochial Schools– Why?: Parents have to pay taxes
to public schools → Why should they pay taxes to a school their child doesn’t attend? Money is “transferred” to private schools through state funding
Free Exercise Clause
• Free Exercise Clause – free to believe
• It doesn’t give anyone the right to violate criminal laws, offend public morals, or otherwise threaten the welfare of the community (Example: Polygamy)
• Limits on free exercise– You can be drafted even if you have
religious objections to military service
19.3 – Freedom of Speech & Press
Free Speech & Press• Free Speech & Press: all people
have the right to have their say and the right to hear what others have to say
• However…no person has the right to libel or slander another– Libel: false or malicious use of
printed words– Slander: false or malicious use of
spoken words
Free Speech or Sedition?• Sedition: Crime of attempting to
overthrow the government by force or to disrupt its lawful activities by violent acts
• Seditious Speech: Advocating of such crime– Court will only uphold a decision if
there is “Clear & Present Danger”– You can be punished if the words
used trigger an immediate danger
The Media• Confidentiality
– Reporters argue that to insure confidentiality they can’t reveal information or sources
– Courts: reporters are like citizens – if they are to receive special exemptions, they must come from Congress
• States: some 30 states have passed “Shield Laws” to protect reporters
Radio & Television
• Subject to the most extensive federal regulations– FCC: Federal Communications
Commission
• Why?: they use public property – airwaves
Symbolic Speech
• Picketing (only peacefully)
• Armbands in school
• Flag-burning
Commercial Speech (Advertising)• Not all is protected –
false/misleading advertisement or illegal goods/services
19.4 – Freedom of Assembly & Petition
The Constitution’s Guarantees
• To gather with one another– political parties, organizations,
petitions, letters, advertising, parades, etc.
– protects the rights of peaceable assembly and petition
• It doesn’t give you the right to incite others to violence
Time-Place-Manner Regulations
• Rules must be content neutral (government can regulate assemblies on the basis of time, place, and manner)
Public Property
• Public demonstrations (on streets, sidewalks, and public parks)
• Most cases state that you must give advance notice
Private Property
• Example: Shopping Centers
• The rights of assembly and petition do NOT give people a right to trespass on private property