1. 1st Amendment – press and religion

2. 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

3. 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."

4. 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

5. 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?

6. 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

7. 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

8. 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

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

10. 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

11. 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

12. 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

13. 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

14. 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

15. 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”