1. Freedom of Religion & Speech
Unit 6: Civil Liberties & Rights

2. I. Religion

3. A. Establishment Clause

4. Basic meaning: Govt may not establish an official religion
Lemon v. Kurtzman, 1971established 3 part test (Lemon Test) to see if practice or law violates Est clause
Non Secular (religious) purpose (secular = not religious)
Advances or inhibits a religion
“Excessive” entanglement with gov’t

5. Thinking!– Mr. Medrano’s Good News Club hosts fundraiser on campus to raise money for Christian church in Hawthorne. Does this pass the Lemon test? How do you feel about the Lemon Test?

6. The Animo Leadership Charter High School Boys Varsity Soccer Team engaging in Christian prayer before a match.
If this were to land in front of a federal court- would this activity pass the Lemon Test?
Courtesy of BW ♥

7. Other key rulings: Engle v. Vitale, 1962 Abbingtion v. Schempp, 1963
Zelman v. Simmons Harris, 2002

8. II. Free Exercise Clause
Provides Freedom of worship
Distinction between belief and practice

9. Standards used for judging religious expression and constitutionality:
Burden of proof = responsibility to decide if action or belief is constitutional
Old Standard: Gov’t could not deny religious expression unless there was a compelling purpose. Burden of Proof was on states difficult for states to restrain religion
Oregon Employment Division v. Smith 1990: Drug Use in Religious Ceremonies
How did this case change standard of BOP ?
Was SC correct in their decision?

10. Religious Freedom Restoration
3. Religious Freedom Restoration Act 1993:
“governments should not substantially burden religious exercise without compelling justification”
Change of standard of BOP back to the states
4. City of Boerne v. Flores, 1997:
Was RFRA constitutional? Yes/No- federal govt cannot redefine what freedom of religion is. But, RFRA cannot deny powers given to states/local govts
Oh back again..BOP on religioneasier for states to restrain religion
5. Indiana Religious Freedom Restoration Act of 2015
Indiana RFRA 2015
6. Mississippi Religious Freedom Act of 2016
Gov. Bryant Signs Law

11. Religious practices restricted
Reynolds v. U.S., 1879: Mormon practice of polygamy
Burden of Proof on religion? Thoughts? Feelings? Prayers? (See what I did there?)

12. III. Freedom of Speech

13. Nationalized by 14th amendment
Involved both freedom to give & hear speech
Belief is most protected  action can be most restricted  speech is somewhere in between

14. MMMM good to masticate (chew)?
Student at UCLA goes on YouTube and makes racial slurs and comments about Asians on campus. UCLA charges her with hate crime.
UCLA Student Rant
Valid charges?
Question to consider: How do you determine which speech is a crime or not?

15. D. Tests to determine protection of speech:
Bad tendency doctrine Test
Clear and Present Danger Test
Shenck v. U.S :
3. Preferred Position Doctrine Test
Prior Restraint
Vagueness
Political speech is often protected because important to democracy 
Symbolic Speech
Generally protected somewhere between speech and action
Texas v. Johnson, 1989:
Tinker v. Des Moines, 1969:

16. What’s the difference between all three tests
What’s the difference between all three tests? Check in w/ partner to make sure your brains are processing

17. Lecture DQs
Discuss how the Lemon Test upholds the Establishment Clause
Explain how TWO examples below changed the standard for judging religious exercise
Oregon v. Smith
City of Boerne v. Flores
Religious Restoration Act
List and discuss 2 tests to determine protection of freedom of speech