Constitutional Freedoms

“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” Freedom of religion, speech, press, and assembly First Amendment

Freedom of Religion 90% of Americans identify themselves with a religion Two parts 1. Establishment clause and 2. Free exercise clause Establishment clause –Congress can’t make an official church –“Wall of Separation” Thomas Jefferson To show the separation between church and state How high does this wall go?

Freedom of religion continued… Government actually encourages religion –Congress begin their meetings with a prayer –Government officials take their oath of office in the name of God –“In God we trust” –“one nation under God” –Chaplains serve with each branch of the armed forces

The Lemon Test 3 part test done by the Court to determine whether certain aides can be given to church-related schools 1971 Lemon v. Kurtzman To be constitutional, state aid to church schools must: –1. Have a clear secular, nonreligious purpose –2. Must neither inhibit nor advance religion –3. Avoid “excessive government entanglement with religion”

Prayer in School Engel v. Vitale –New York Board of Regents composed a nondenominational prayer “Almighty God, we acknowledge our dependence upon Thee, and we beg Thy blessings upon us, our parents, our teachers, and our country” –10 parents challenged in court –You decide!

Courts Decision… “In this country it is no part of the business of government to compose official prayers for any group of American people to recite as part of a religious program carried on by government.” –Justice Hugo Black Justice Potter Stewart argued that the NY prayer was no different from other state- approved religious expression, such as referring to God in the Pledge of Allegiance

Equal Access Act 1984 Westside Community Schools v. Mergens 1990 –Students wished to create a club for prayer and Bible reading and meet at the school –School refused, students sued You decide!

Courts Decision… Court decided “Although a school may not itself lead or direct a religious club, a school that permits a student-initiated and student- led religious club to meet after school, just as it permits any other student group to do, does not convey the message of state approval or endorsement of that particular religion.” –Justice Sandra Day O’Connor

Equal Access Act 1984 Allows public high schools receiving federal funds to permit student religious groups to hold meetings in the school Wanted to provide opportunity for prayer in school, not force it upon students

Free Exercise Clause “prohibiting the free exercise of religion” Made a distinction between religious belief and the actual practicing Belief is absolute Practices have been restricted

Reynolds v. United States 1879 George Reynolds, a Mormon from Utah had 2 wives Convicted of polygamy His religion permitted polygamy however federal law prohibited it Reynolds argued that his first amendment was abridged or limited You decide!

Courts Decision… Supreme Court upheld it's decision Established that people are not free to worship in ways that violate laws protecting the health, safety, or morals of the community.

Freedom of Speech What is speech? Court has grouped speech into 2 categories –1. Pure speech Verbal expression of thought and opinion before a audience that has chosen to listen Either at home or in front of a crowd –2. Symbolic speech Using actions and symbols in addition to or instead of words to express opinions Most subject to restrictions

Freedom of Speech cont. 3 tests (mostly general guidelines) –1. “clear and present danger” –2. The bad tendency doctrine –3. The preferred position doctrine –Presumed unconstitutional until absolutely necessary to limit Does not permit symbolic speech that endangers public safety Seditious speech –Any speech urging resistance to lawful authority or advocating the overthrow of the government

Speech that is not protected Defamatory speech –False speech that damages a persons good name Slander – spoken Libel – written “Fighting words”

Freedom of the Press Protected because it closely relates to freedom of speech Prior restraint –censorship of information before it is published –Only allowed if it relates directly to national security

Radio and TV Use public airwaves –Therefore they are more restricted than newspapers and magazines –Federal Communications Commission (FCC) Regulates stations actions Must get a license from Can’t censor but can apply standards and punish

Freedom of Assembly “the right of the people to peaceably assemble, and to petition the government for a redress of grievances” Through petitions, lobbying, carrying signs, or marching Public and private property Political parties, clubs, churches

Limits on parades and demonstrations Some states require a permit to assemble in public –Cox v. New Hampshire Law was not designed to silence ideas but to assure that other citizens rights would not be infringed upon

Public Assembly and Disorder Police –Public safety Gregory v. City of Chicago –Dick Gregory an African American activist lead a group of marchers from downtown Chicago to the mayor’s home –Upset about the mayor not desegregating schools

Gregory v. City of Chicago Crowd of 1000 whites gathered around and began throwing rocks and eggs at the marchers Marchers ignored them and continued on At 8:30 the marchers went silent and just walked Crowd continued to heckle Police arrested marchers What do you think?

Supreme Court over turned that conviction Marchers had in fact been peaceful Neighborhood residents had been the ones causing the problems Right to assemble was protected o

Freedom of Petition express views and ask for change from the government Strong tradition even before America was created –Magna Carta –Petition of Rights Can be corrected in any branch of the government

Examples of Freedom of Petition Expanding civil liberties –Woman's Suffrage, Civil Rights movement Court cases against any level of government an idea for a bill Anything you want to change about the government –laws, behavior, etc.