Freedom of ....

1. Religion
2. Press
3. Speech
4. Assembly
5. Petition

Congress shall make no laws.....

What does this mean

Congress (federal, state, or any local authority) can't make any law violating the rights of the 1st amendement

However, it doesn't apply to private actions

Example:  A private employer can prevent employees from talking about something on the job

Supreme court ruled that the Bill of Rights applied only to national government, not the states.

Later this was changed...

After the 14th amendment was ratified, the Supreme court applied the Bill of Rights to all forms of governement

Freedom of religion

...respecting an establishment of religion or prohibiting the free exercise therof....

What are the two parts of Freedome of Religion?

1. the Establishment Clause
2. Free Exercise Clause

Establishment Clause - forbids the gov. from creating or establishing an official church or giving preference to a certain religion

Separation of Church and State - there's a wall seperating the two

The Supreme Court ruled on the meaning of the Establishment Clause at this time

Neither a state nor the federal gov can set up a church.  Neither an pass laws which aid one religion.  Neither can it force a person to go to or to stay away from a certain church against his will

How high is this wall?

If having "In God we Trust" on money wrong?  How about having chaplains (ministers) in the army? 

People who think there should be a very strict separation between church and state are called separationists

Accommodationists believe that govt must at times make allowances for the role of religion in society.  Otherwise it would seem that the government is against all religion and that is also against the 1st amendment

Supreme Court set forth a three part test based on previous cases for determining whether a gov policy violates the establishment clause

1.  
   1. the purpose must be secular, not religious
   2. the policy's effect must neither advance nor hinder (inhibit) religion
   3. Must avoid 'excessive entanglement" of gov and religion

1. The establishment Clause
2. The Free Exercise Clause

The Court declared Alabama's "moment of slilence" law (set aside a period of silence in public schools for mediation or prayer) unconstituional

Law said the law had no secular pupose

Supreme Court struck down an Arkansas law the prohibited the teaching of Evoloution.  Said Evoluton can be taught in school

It used the Establishment Clause as its reason since it was prohibiting theory which was against creation

The Supreme Court held that a university denying student use of university facilities for religious puposes violated the students freedom of speech (college)

Equal Access - if a school allowed a scuba club to meet (or something else not releated to school)   it had to also allow a Bible study to meet

Limits on Free Speech

List five areas not protected by free speech

1. Obscenity is not protected
2. Defamation is not protected (slander or libel)
3. Fighting words are not protected (abusive language that is meant to hurt)
4. Commercial speech is not protected
5. Speech in special places can be limited (school, military base)