1. 1 st Amendment When can my 1 st Amendment right to religious freedom and freedom of speech be limited.

2. Civil Rights and Civil Liberties CR: positive acts of gov’t to protect your rights, generally promoting equality and preventing discrimination (voting rights) CL: protections against gov’t, you are more free when government is limited (freedom of speech) Do you have a right to a promotion? No. But you have a right to not be discriminated against.

3. 1 st 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 to peaceably assemble, and to petition the Government for a redress of grievances.

4. The Lemon Test Used to help SCOTUS make decisions about religion and state cases 3 prongs Purpose of the aid must be clearly secular (non religious) Primary effect must neither advance nor inhibit religion It must avoid “excessive entanglement of gov’t with religion”

5. 1. Which clause? 2. How would court rule A woman was fired from her job for refusing to work on Saturdays, which is her religion’s holy day. Because she was fired, she applied for unemployment benefits through her state, but was ultimately denied benefits because the state did not believe she had a strong enough reason to refuse work. Purpose of the aid (often $) must be clearly secular (non religious) Primary effect must neither advance nor inhibit religion It must avoid “excessive entanglement of gov’t with religion”

6. 1. Which clause? 2. How would court rule A school district in NYC decided that it would have students recite a prayer each morning before the school day started. However, the prayer made a number of students and parents uncomfortable as they felt it violated their First Amendment rights. Despite their concerns, the school continued to require the prayer. Purpose of the aid (often $) must be clearly secular (non religious) Primary effect must neither advance nor inhibit religion It must avoid “excessive entanglement of gov’t with religion”

7. 1. Which clause? 2. How would court rule The state of Wisconsin requires students to attend school until they reach the age of sixteen. However, since many of the things being taught in school are violations of their religion, several Amish families elected to remove their children from school. Because of this, they were convicted of breaking the law Purpose of the aid (often $) must be clearly secular (non religious) Primary effect must neither advance nor inhibit religion It must avoid “excessive entanglement of gov’t with religion”

8. Free Exercise Upheld Sherbert v. Verner (1963) states could not deny unemployment benefits to a person for turning down a job because it required him/her to work on the Sabbath. Requiring a person to abandon their religious convictions in order to receive benefits was a violation of the Free Exercise Clause Not upheld Reynolds v US (no polygamy) A federal law banning polygamy was upheld. The Free Exercise Clause forbids government from regulating belief, but does allow government to regulate actions such as marriage

9. I.Freedom of Expression II.Separation of Church and State III.Religion and Education a.Released time b.Prayers and the Bible c.Student religious groups d.Evolution e.Aid to parochial schools f.The lemon test IV. Other Establishment Clause cases a. seasonal displays b. chaplains V. The Free Exercise Clause a. Limits on Free Exercise b. Free Exercise upheld

10. Free Speech cbs sunday morning daily show bassem youssef, first 10 min Founding fathers very concerned with POLITICAL SPEECH being protected. Probably not concerned with obscenity.

11. 2 cases In your spiral: 1.write case name 2.Read desecription 3.Work with your partner to answer questions 1 – 4 in your spiral (complete sentences or write question and answer) 4.Leave room for #5

12. Free Speech and its evolution Read and take 5 notes – be selective

13. The 1 st Amendment Speech protected by the 1 st Amendment: Texas v Johsnon Tinker v Des Moines Brandenberg v Ohio Limits on free speech (not protected): Libel, slander Sedition obscenity (Miller v California) “clear and present danger” (Schenck v US)

14. Gag laws and prior restraint Near v Minesota (1931)

15. Write your summary Then keep your notes out for a partner exit slip