19.2 – Freedom of Religion

- Protections against the arbitrary acts of the government 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 decision that Amish parents need not obey compulsory education laws. A. segregation B. Free Exercise Clause C. Establishment Clause D. citizen E. 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 (1 st and 14 th Amendments) 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