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| (1962) 22 word prayer written by the Board of Regents of NY |
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| abington school districts vs. schempp |
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| (1963) school read from bible |
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| (1980) ten commandments posted in every classroom in kentucky |
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| (1985) alabama passed a moment of silence law in public school |
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| santa fe ind. school dist vs. doe |
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| (2000) texas school dist allowed student led prayer at highschool football games |
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| Congress declares that public high schools that receive federal money (almost all do) must allow student religious groups equal access to school facilities as it is with all other groups. |
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| Congress can’t HURT a religion |
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| West Virginian Board of Education v. Barnette |
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| (1943) West Virginia made the reciting of the Pledge of Allegiance compulsory in public schools |
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(1949)Can a religion use poisonous snakes as part of its religious rituals?
North Carolina won |
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(1986) Can Goldman (orthodox Jew), wear a yarmulke while on duty and in uniform as a commissioned officer in the Air Force when Air Force regulations do not permit headgear to be worn indoors except by armed security police
Secretary of Defense Casper Weinberger |
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1990 Peyote—the Divine Cactus (ILLEGAL in OREGON)
Supreme Court held that religious beliefs did not excuse people from complying with laws
Oregon did not single-out one religion’s free-exercise. Oregon prohibit peyote for all citizens |
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| Lukumi Babalu aye v. City of Hialeah |
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(1993)
Santeria—animal sacrifice
In Hialeah they wanted to take animals and sacrifice them to God
City of Hialeah said there can be no more animal killings in Hialeah (only exception is in a vet’s office)
Did the city of Hialeah’s ordinance, prohibiting ritual animal sacrifices, violate the First Amendment’s Free Exercise Clause?
Yes, because it was singling out a religionèSanteria could sacrifice animals |
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—[Lemon v. Kurtsman (1971)]
The purpose of the aid must be secular (not religious)
The purpose of the aid must not enhance or inhibit religion
The aid must avoid an “excessive entanglement of government with religion.” |
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| US Senate Chaplin Rear Admiral |
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| two purposes of Freedom of Speech? |
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Definition
To say what you want
To hear what you want |
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| two purposes of Freedom of Press? |
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Definition
To write what you want
To read what you want |
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| The Freedoms of Expressions |
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Definition
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| Forms of expression that are not protected by the Constitution |
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| libel, slander, seditious speech, obscenity |
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(1919) Charles Schenck distributed leaflets to 15,000 men during World War I urging them to resist the draft
Schenck was convicted of violating the Espionage Act of 1917 for obstructing the war effort. |
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| Tinker v. Des Moines School District |
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Definition
(1969) Mary Beth Tinker was suspended from school for refusing to remove a black armband that was worn to speak against the war in Vietnamèshe sued the school
“It can hardly be argued that either students or teachers shed their constitutional rights of freedom of speech or expression at the schoolhouse gate.”èMary Beth Tinker won the case |
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(1973) The Supreme Court established a three-part test to determine obscenity:
Does the material appeal to prurient (sex) interest?
IS the material patently offensive?
Does the material lack serious literary, artistic, political, or scientific value? |
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| (1989) Gregory Johnson burned the American flag during the 1984 Republican National Convention in Dallas to protest the Reagan administration. The Supreme Court (5-4) held that the symbolic speech of burning the flag is protected by the first Amendment |
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| City of Erie v. Pap’s A&M |
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| (2000) The Supreme Court upheld the City of Erie’s ban on nude dancing because the law did not aim to limit the expression of dancing, just the means of expression—dancing in the nude. |
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| (2003) the burning of a cross as an act of political expression (not aimed at a person) is protected by the First Amendment |
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| The Trial of John Peter Zenger |
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| established the precedent that a statement, even if declamatory, is not libelous if it can be proved true |
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| New York Times v. Sullivan |
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(1964) Alabama state court ruled that they NYT was guilty of libel and awarded Commissioner Sullivan $500,000.
but that the newspaper acted wit MALICE |
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| New York Times v. United States |
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| (1971) Daniel Ellsberg—served in the US Marines and then the RAND Corporation. IN 1971 he stole (Xeroxed) the Pentagon Papers and gave them to the NY Time |
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| United States of America v. New York Times |
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| (1971) The Supreme Court found no threat to National Security and allowed the newspapers to continue publishing the Pentagon Papers |
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| Nixon owned a home in California—so Ehrlichman went there for Nixon to speak with Judge Byrne—when there Ehrlichman asks the Byrne if he wants to be Director of FBIèat the trial Ellsberg was told to leave because Ehrlichman was trying to change the outcome of the trial--MISTRIAL |
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| Hazelwood School District v. Kuhlmeier |
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| Educators did not offend the First Amendment by exercising editorial control over the content of student speech so long as their actions were reasonably related to legitimate pedagogical concerns (teaching concerns). |
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| What are the grounds for a private citizen to sue a newspaper for libel? |
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Definition
| malice, multiple sources, frankie and annette got to far on last date |
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