Civil Liberties 1st amendment freedoms of religion freedoms of speech.

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Civil Liberties 1st amendment freedoms of religion freedoms of speech

1st amendment 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.

Ist amendment--Religion-- Establishment Clause Jefferson’s “wall between Church and State” School Prayer: can students pray at school? Engel v Vitale (1962) “govt has no business leading or writing prayers” Texas students speaking at request of school officials cannot lead prayer at football games USSC ok’s Virginia’s moment of silence -In CA, state efforts to pass moment of silence laws have failed, but some school boards have passed it

Ist amendment--Religion-- Free Exercise Clause Flag Salute cases (1940, 1943) state should not force patriotic acts on religiously dissenting minorities CA Education Code requires some daily patriotic exercise, but left to local districts

Ist amendment--Free Speech-- political speech Free speech--not absolute Stromberg v CA (1931) USSC invalidated CA anti-syndicalist law Texas v Johnson (1989) flag burning is protected symbolic speech

johnson arrested

free speech--location Ct. says US constitution grants no free speech rights on private property, such as malls state constitutions may grant such rights (California and 6 others)

Ist amendment--Free Speech-- libel and slander NY Times Co. v Sullivan (1964) -“actual malice” Hustler Magazine v Falwell (1988) -public figures need thick skin

Ist Amend--Free Speech--obscenity Different standards for different media Miller v California (1973) -local community standards -an average person find the material “patently offensive” -“dominant theme of the material taken as a whole” but today: porn allowed for “consenting adults,” little to be done anyhow