The FirstThe First AmendmentAmendment

The fundamental freedoms of The fundamental freedoms of being an Americanbeing an American

5 Freedoms of the 15 Freedoms of the 1stst AmendmentAmendment

Freedom of SpeechFreedom of Speech

Freedom of the PressFreedom of the Press

Freedom of ReligionFreedom of Religion

Freedom to PetitionFreedom to Petition

Freedom to AssembleFreedom to Assemble

Freedom of ReligionFreedom of Religion 90% of Americans identify 90% of Americans identify

themselves with some type themselves with some type of religion.of religion.

The The establishment establishment clauseclause states that states that “Congress shall make no “Congress shall make no law respecting an law respecting an establishment of religion.”establishment of religion.”

The The free exercise clausefree exercise clause “prohibits government from “prohibits government from unduly interfering with the unduly interfering with the free exercise of religion.”free exercise of religion.”

Do these clauses seem Do these clauses seem clear to you?clear to you?

The Establishment ClauseThe Establishment Clause

How big of a wall can a government with How big of a wall can a government with 90% of its’ population believing in religion 90% of its’ population believing in religion separate itself? Can it effectively serve its’ separate itself? Can it effectively serve its’ people?people?

Most gov’t officials take their oaths in the Most gov’t officials take their oaths in the name of God, our coins are imprinted with name of God, our coins are imprinted with “In God We Trust,” the Pledge of “In God We Trust,” the Pledge of Allegiance states that we are “One Nation Allegiance states that we are “One Nation under God,” amongst other statements.under God,” amongst other statements.

Even though the establishment clause Even though the establishment clause states that there is a separation of church states that there is a separation of church and state, how big is that separation?and state, how big is that separation?

Everson v Board of Everson v Board of Education, 1946Education, 1946

StoryStory – Citizens of NJ – Citizens of NJ challenged a law that challenged a law that allowed the state to pay for allowed the state to pay for busing students to parochial busing students to parochial schools.schools.

Amendment(s) challengedAmendment(s) challenged – – 11stst – Establishment clause. – Establishment clause.

VerdictVerdict – The Court ruled – The Court ruled that the law was established that the law was established to benefit the students, not to benefit the students, not any religion.any religion.

ImpactImpact – There can be – There can be interaction between church interaction between church and state, it is just and state, it is just restricted.restricted.

Ask Yourself This Ask Yourself This Question?Question?

Can the state interfere with the Can the state interfere with the practice of religion?practice of religion?

Is gay marriage an Is gay marriage an infringement on the infringement on the separation of church and separation of church and state?state?

Lemon v Kurtzman, 1971Lemon v Kurtzman, 1971 StoryStory – PA and RI began giving – PA and RI began giving

monies to Parochial schools for monies to Parochial schools for teachers salaries, secular teachers salaries, secular textbooks, and secular learning textbooks, and secular learning materials. Alton Lemon, a PA materials. Alton Lemon, a PA taxpayer, sued the school taxpayer, sued the school superintedent because public superintedent because public monies should not be used in monies should not be used in religious institutions.religious institutions.

Amendment(s) challengedAmendment(s) challenged – 1 – 1stst

VerdictVerdict – The court ruled that – The court ruled that giving monies to parochial giving monies to parochial schools violates the schools violates the establishment clause. establishment clause.

ImpactImpact – The court created – The court created The The Lemon TestLemon Test to guide future 1 to guide future 1stst amendment religious decisions.amendment religious decisions.

What is the Lemon Test?What is the Lemon Test? The purpose of the Lemon Test is to The purpose of the Lemon Test is to

determine if a law is made that determine if a law is made that basically establishes religion by the basically establishes religion by the government.government.

What are the critieria?What are the critieria? #1 – The state must make a law that #1 – The state must make a law that

has a secular legislative purpose.has a secular legislative purpose. #2 - The law must not either #2 - The law must not either

advance or inhibit religion of any advance or inhibit religion of any kind.kind.

#3 – The law must not create “an #3 – The law must not create “an excessive interaction with religion.”excessive interaction with religion.”

Should the government Should the government interfere in situations interfere in situations

involving religion or are involving religion or are they stepping on citizens they stepping on citizens

toes?toes?

When is too much When is too much government too much?government too much?

Prayer in schools?Prayer in schools? In Engel v Vitale, 1962, the court In Engel v Vitale, 1962, the court

ruled that school prayer, even if it ruled that school prayer, even if it is a nondenominational prayer, is a nondenominational prayer, cannot be allowed.cannot be allowed.

In Abington School District v In Abington School District v Schempp, 1963, the court banned Schempp, 1963, the court banned school-sponsored Bible reading school-sponsored Bible reading and prayer in the schools that are and prayer in the schools that are led by teachers, because public led by teachers, because public taxes pay teachers salaries.taxes pay teachers salaries.

However, the Equal Access Act However, the Equal Access Act passed in 1984 allowed students passed in 1984 allowed students to have religiously centered to have religiously centered meetings in the school.meetings in the school.

Other State v Religion Other State v Religion IssuesIssues

In Epperson v Arkansas, In Epperson v Arkansas, teaching evolution v teaching evolution v creation was creation was challenged.challenged.

Courts ruled the city of Courts ruled the city of Pawtucket, RI could only Pawtucket, RI could only display a Nativity scene display a Nativity scene if it was accompanied by if it was accompanied by other Christmas other Christmas displays, such as a tree, displays, such as a tree, Santa, or reindeer.Santa, or reindeer.

In the County of In the County of Allegheny v ACLU, a tree Allegheny v ACLU, a tree had to accompany the had to accompany the displaying of a menorah.displaying of a menorah.

The Free Exercise ClauseThe Free Exercise Clause

While the court has ruled that While the court has ruled that everyone has the right to religious everyone has the right to religious beliefs, everyone is not entitled to beliefs, everyone is not entitled to practice those beliefs however they practice those beliefs however they want to.want to.

When does practicing a religion When does practicing a religion infringe on the rights of citizens? infringe on the rights of citizens? Can Can religions be dangerous?religions be dangerous? Can religions Can religions cause harm to others? cause harm to others? Can religions Can religions ask you to commit crimes?ask you to commit crimes?

Exceptions to the Free Exercise Exceptions to the Free Exercise ClauseClause In Reynolds v U.S., the court In Reynolds v U.S., the court

ruled that the Mormon religion ruled that the Mormon religion cannot justify the practice of cannot justify the practice of polygamy.polygamy.

In Oregon v Smith, your In Oregon v Smith, your religion cannot justify the use religion cannot justify the use of illegal substances as part of of illegal substances as part of a religious ceremony.a religious ceremony.

In Wisconsin v Yoder, the In Wisconsin v Yoder, the court ruled that the state court ruled that the state could not require Amish could not require Amish people to send their children people to send their children to school beyond the eighth to school beyond the eighth grade.grade.

To Salute or Not to Salute?To Salute or Not to Salute?

Is it Constitutional to salute the Is it Constitutional to salute the American flag during the Pledge of American flag during the Pledge of Allegiance?Allegiance?

In Minersville School District v Gobitis, In Minersville School District v Gobitis, the court said that it was not the court said that it was not acceptable for students to not salute acceptable for students to not salute the flag due to religious beliefs the flag due to religious beliefs because the flag was a patriotic because the flag was a patriotic symbol.symbol.

This decision would be overruled in WV This decision would be overruled in WV State Board of Ed. v Barnette that State Board of Ed. v Barnette that patriotism could be met without forcing patriotism could be met without forcing people to compromise their religious people to compromise their religious beliefs. beliefs.