Constitutional Freedoms

 Human Rights- fundamental freedoms  Constitutional Freedoms ◦ Bill of Rights  First 10 amendments ◦ Incorporation  Applying Rights to the States ◦ The fourteenth Amendment  Due Process  Equality under the law

 Establishment Clause ◦ Wall of separation ◦ Parochial schools- busing allowed Everson v. BoE ◦ State aid limited to nonreligious BoE v. Allen ◦ Lemon test- for funding Lemon v. Kurtzman  Clear secular nonreligious purpose  Do not advance nor inhibit religion  Avoid excessive government entanglement  Free Exercise Clause

 Release students outside of school  Engel v. Vitale- No prayer in schools  No faculty led prayer  Student led prayer and groups allowed  Theory of Evolution can not be banned  Displays have to allow all religions ◦ Nativity and Menorah

 Religious freedom v. Laws- Laws win ◦ Reynolds v. United States- polygamy  Flag Salute Cases ◦ Overturned previous ruling ◦ Respect the pledge ◦ Do not have to participate

 Pure speech- stronger protection  Symbolic Speech- involve actions ◦ Public safety issues  Regulating speech ◦ Seditious speech- urging resistance to government ◦ Clear and Present Danger ◦ Defamatory speech  Slander  Libel

 Fighting Words  Student speech limited

 Prior restraint- censorship prior to publishing  Near v. Minnesota- can not use prior restraint  NY Times v. U.S.- upheld Near, Pentagon papers (1971)  Fair Trials and Free Press ◦ Pretrial restraint