Clauses of the 1 st Amendment to the United States Constitution Congress shall make no law respecting the establishment of religion or prohibiting the.

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Presentation transcript:

Clauses of the 1 st Amendment to the United States Constitution Congress shall make no law respecting the establishment of religion or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or of the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. Does the 1 st Amendment truly guarantee a “separation of Church and State”? Does the 1 st A truly guarantee you the right to say or print anything, anywhere, any time? Do people truly have the right to assemble anywhere, any time, with anyone, for any purpose? Does freedom of speech include non-verbal expression?

Congress shall make no law respecting the establishment of religion or prohibiting the free exercise thereof; “In God we trust” on $? President finishing speeches with, “God bless America”? Christmas tree with lights at or in Capitol building? Kids singing Christmas carols at public school concerts? Reciting the Pledge of Allegiance at school over the loud speaker with the words, “One nation, under God..”? Federal money for school choice vouchers that parents use to send a kid to a Catholic school? Are the following in violation of the 1 st Amendment?

cutting off part of a newborn baby’s body because your religion tells you to? using a rod to hit your child for discipline because your religion tells you to? Religions that preach hate of a group of people? Religions that believe in worshipping Satan? Religions that preach that the United States Government is evil? Congress shall make no law respecting the establishment of religion or prohibiting the free exercise thereof; Should Congress be allowed to make laws that prohibit the following?

Clause 1: Establishment Clause Congress shall make no law respecting the establishment of religion… Albington School District v. Schempp (1963): Is Pennsylvania law requiring public schools to start day with Bible reading allowed? Stone v Graham (1980): Can the State have a law mandating public school classrooms display Ten Commandments? Allegheny County v Greater Pittsburgh ACLU (1989): Can the community put a Nativity scene with words “Gloria in Excelsios Deo” on stairs to the County Courthouse? Leo v Weisman (1992): Can there be clergy-led prayer at public school graduations? Good News Club v. Milford Central School (2001): Can religious clubs meet in public school after class hours? Van Orden v Perry (2005): Can the State of Texas erect a 6-foot monument of the Ten Commandments donated by private group next to the Texas State Capitol? How do you think the Supreme Court ruled in each of these “Establishment Clause” cases?

Clause 2: Free Exercise Clause Congress shall make no law …prohibiting the free exercise thereof How do you think the Supreme Court ruled in each of these “Free Exercise Clause” cases? Reynolds v. United States (1879): Can the federal government make polygamy illegal? Thornton v. Caldor (1985): Can a private company fire an employee for refusing to work on his/her “Sabbath” day? Employment Division vs. Smith (1990): Can the State of Oregon deny unemployment benefits to a person who was fired by a private company for using peyote for a religious ceremony? Wisonsin v Yoder (1972): Can the State of Wisconsin force Amish to follow State law that requires all 14- to 16-year olds to attend school? Church of Lukumi Babalu Aye v City of Hialeah (1993) Can the city of Hialeah in Florida ban animal sacrifice if such sacrifice is part of the prayers for the Santeria religion?

Clause 3: Free Speech Congress shall make no law…abridging the freedom of speech, or of the press… The Court has said the purpose of this clause is to protect speech that: This clause was not designed to protect the following kinds of speech:  challenges and questions the behaviors of others  Challenges and questions laws, beliefs, ideas  Promotes the free exchange of ideas for innovation and invention  Might be offensive or disagreeable to some people  Obscene language (sexually explicit, swear words)  Language that incites violence  Fighting words  Lies that damage the reputation of people (unless satire)

Freedom of Assembly Clause Not creating “disturbance to the peace” Not damaging property Not obstructing motor or pedestrian traffic Not violating any other law Congress shall make no law… abridging…the right of the people peaceably to assemble People have right to meet in groups in private or public to discuss and promote any ideas free from government spying, harassment, or punishment as long as: