1st Amendment – press and religion

Freedom of Press Near v. Minnesota (1931) No Prior Restraint – the stopping of media reporting stories New York Times v. Sullivan (1964) Defamation cases must prove actual malice after Sullivan sued NYT for running an ad with errors NY Times v. US (1971) Pentagon Papers publishing okay under 1st Amendment, prior restraint only issued if publication causes “grave and irreparable danger” Nebraska Press Association v. Stuart (1976) pre-trial gag rule is prior restraint

Freedom of Press Hazelwood School District v. Kuhlmeier (1988) The Principal can exercise editorial control over the school newspaper or yearbook. Decisions must be "reasonably related to legitimate pedagogical concerns."

Establishment clause of Religion Freedom of Religion Establishment clause of Religion prohibits the government from treating religions differently any disparate treatment must survive Strict Scrutiny

Freedom of Religion Is giving money to private schools okay? Questions to ask: Who gets the aid? – Aid to students in religious schools or aid directly to religious schools? What kind of aid? – textbooks or TV’s a Math teacher in a religious school is serving a non religious purpose?

Freedom of Religion Government – what is establishment? Schools Schools may not require prayer or bible reading no designated time for silent or voluntary prayer even nonsectarian prayers advance religion

Freedom of Religion Optional religious instruction Schools may not offer a class on religious instruction during the school day, but can allow you to go offsite to receive it

Freedom of Religion Schools Posting of the 10 Commandments Schools may not post the commandments on the wall Students may research religions as a part of course curriculum

Freedom of Religion Reasonable Accommodation of Religion – Bible Study Club Okay Westside Community Schools v. Mergens

Freedom of Religion Other Public Venues Governments may recognize and publicly observe religious events - Christmas holiday or Sunday work laws Display of religious symbols on Government Property private speech in a public forum can never violate the establishment clause Capital Square Review and Advisory Bd. v. Pinette – 1995

Freedom of Religion Observance of religious holidays OK to observe Christmas put up a tree not OK the put up nativity scene Prayer in Legislatures – OK – historical habit and no coercion to participate

Freedom of Religion Free Exercise of Religion the government cannot exclude, burden, or prohibit individuals or their conduct because of the religious nature of that conduct

Freedom of Religion Free Exercise of Religion What is religion or religious belief? The relevant inquiry is whether the individual sincerely believes The belief should occupy a place similar to a belief held by a formal religion

Freedom of Religion Free Exercise of Religion Laws of General Applicability used often Okay though, even if they prohibit religious conduct. Why? When applied neutrally, it effects all religions and thus stops them all from exercising example: Peyote use, racial discrimination, and tax breaks However, a city ordinance banning animal sacrifice cannot exempt the Kosher slaughter of animals

Freedom of Religion Free Exercise of Religion The Church of the Lukumi Babaylu Aye v. Hialeah (1993) As Justice Kennedy has stated on religious cases “religious beliefs need not be acceptable, logical, consistent, or comprehensible to others in order to merit First Amendment protection”