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