Freedom of Religion & Speech Unit 6: Civil Liberties & Rights

I. Religion

A. Establishment Clause

Basic meaning: Govt may not establish an official religion Lemon v. Kurtzman, 1971established 3 part test (Lemon Test) to see if practice or law violates Est clause Non Secular (religious) purpose (secular = not religious) Advances or inhibits a religion “Excessive” entanglement with gov’t  

Thinking!– Mr. Medrano’s Good News Club hosts fundraiser on campus to raise money for Christian church in Hawthorne. Does this pass the Lemon test? How do you feel about the Lemon Test?

The Animo Leadership Charter High School Boys Varsity Soccer Team engaging in Christian prayer before a match. If this were to land in front of a federal court- would this activity pass the Lemon Test? Courtesy of BW ♥

Other key rulings: Engle v. Vitale, 1962 Abbingtion v. Schempp, 1963 Zelman v. Simmons Harris, 2002

II. Free Exercise Clause Provides Freedom of worship Distinction between belief and practice

Standards used for judging religious expression and constitutionality: Burden of proof = responsibility to decide if action or belief is constitutional Old Standard: Gov’t could not deny religious expression unless there was a compelling purpose. Burden of Proof was on states difficult for states to restrain religion Oregon Employment Division v. Smith 1990: Drug Use in Religious Ceremonies How did this case change standard of BOP ? Was SC correct in their decision?

Religious Freedom Restoration 3. Religious Freedom Restoration Act 1993: “governments should not substantially burden religious exercise without compelling justification” Change of standard of BOP back to the states 4. City of Boerne v. Flores, 1997: Was RFRA constitutional? Yes/No- federal govt cannot redefine what freedom of religion is. But, RFRA cannot deny powers given to states/local govts Oh back again..BOP on religioneasier for states to restrain religion 5. Indiana Religious Freedom Restoration Act of 2015 Indiana RFRA 2015 6. Mississippi Religious Freedom Act of 2016 Gov. Bryant Signs Law

Religious practices restricted Reynolds v. U.S., 1879: Mormon practice of polygamy Burden of Proof on religion? Thoughts? Feelings? Prayers? (See what I did there?)

III. Freedom of Speech

Nationalized by 14th amendment Involved both freedom to give & hear speech Belief is most protected  action can be most restricted  speech is somewhere in between

MMMM good to masticate (chew)? Student at UCLA goes on YouTube and makes racial slurs and comments about Asians on campus. UCLA charges her with hate crime. UCLA Student Rant Valid charges? Question to consider: How do you determine which speech is a crime or not?

D. Tests to determine protection of speech: Bad tendency doctrine Test Clear and Present Danger Test Shenck v. U.S.. 1919: 3. Preferred Position Doctrine Test Prior Restraint Vagueness Political speech is often protected because important to democracy  Symbolic Speech Generally protected somewhere between speech and action Texas v. Johnson, 1989: Tinker v. Des Moines, 1969:

What’s the difference between all three tests What’s the difference between all three tests? Check in w/ partner to make sure your brains are processing

Lecture DQs Discuss how the Lemon Test upholds the Establishment Clause Explain how TWO examples below changed the standard for judging religious exercise Oregon v. Smith City of Boerne v. Flores Religious Restoration Act List and discuss 2 tests to determine protection of freedom of speech