1. Intro to Supreme Court Simulation
Unit 5
Rixie

2. The First 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.

3. Establishment Clause vs. Free Exercise Clause
“Congress shall make no law respecting an establishment of religion…”
No “official” religion of the nation; separation of church and state
“… or prohibiting the free exercise thereof.”
Protects one’s right to practice their religion as they please, within reason

4. The Fourteenth Amendment (Section 1)
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

5. The Equal Protection Clause
“No state shall… deny to any person within its jurisdiction the equal protection of the laws.”
Often used to challenge state laws in court if the law potentially violates a citizen’s civil rights

6. Review of Judicial Philosophies
Judicial Activism v. Judicial Restraint
Originalism
Political ideologies: conservativism v. liberalism

7. Strict Constructionist vs. Loose Constructionist
Apply the written word of the Constitution as closely as possible.
Not a lot of “wiggle” room
Often associated with conservatism
Room for interpretation to apply the text to modern day circumstances
Often associated with liberalism

8. Heffron v. International Society for Krishna Consciousness
ISKCON (the Hare Krishna movement) falls within the Vedic and Hindu cultures, and is a religion based on “historic texts of the devotional bhakti yoga tradition, which teaches that the ultimate goal for all living beings is to reawaken their love for God, or Lord Krishna.”
“Members of ISKCON practice bhakti-yoga in their homes and also worship in temples. They also promote bhakti-yoga, or Krishna Consciousness, through festivals, the performing arts, yoga seminars, public chanting, and the distribution of the society’s literatures.”
(Info found at )

9. Group Task (in-class)
Read the biography of your assigned justice. Look for clues on the justice’s background, ideology, judicial philosophy, and history of judicial decisions.
Considering the background of this justice, do you think he or she would have voted in favor of or against the Society for Krishna Consciousness? Why?
Your group’s task is to decide how your justice would have voted, and write an opinion from his or her perspective (to be read to the class):
Introduce yourself (as the justice) and include a few key details about your background.
You must write at least a substantial paragraph explaining the decision and justifying the reasons behind it.
Be sure to reference both the 1st and 14th amendments and the facts of the case as part of your legal reasoning.
For each “justice” that presents, students in the audience should write down their decision and a sentence or two summarizing their justification.

10. Reflection Questions
What were the major factors you considered when trying to determine which way your justice voted? Why were these important?
Were you surprised with the outcome of the case? Do you agree with the majority opinion? Why or why not?
Why do you think the Supreme Court chose to take this case? Remember, they only take about 100 cases out of several thousand appeals each year.
The state argued that the limitations of the law in question were put in place to protect the public interest, by ensuring safe and orderly movement throughout the fair. Can you think of another situation in which the notion of the “public interest” could conflict with First Amendment freedoms?