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“ Congress shall make no law respecting the establishment of religion, or prohibiting the free exercise thereof...” Government can neither help no hurt.

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Presentation on theme: "“ Congress shall make no law respecting the establishment of religion, or prohibiting the free exercise thereof...” Government can neither help no hurt."— Presentation transcript:

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3 “ Congress shall make no law respecting the establishment of religion, or prohibiting the free exercise thereof...” Government can neither help no hurt Government must stay neutral

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5 Fighting words The Court now held that a person's words were protected as free speech as long as they did not directly incite unlawful action. Concerns became raised later that the standard established in the decision was not appropriate in situations involving mass communications through the Internet and popular talk-shows int he 1980s and 1990s. Brandenburg Test

6 Schools limit student speech only because it is criticizing the President. ______________ Schools limit profanity ______________ Schools force students to follow a dress code. _______________ Schools require a school uniform. __________________ Teacher instructs his students on religion in class. ________________ Teacher leads his students in a prayer____________________ School conducts random Locker searchers ________________ Constitutional or Unconstitutional Constitutional Unconstitutional

7 School conducts random book bag searches ______________ School doesn’t allow a student to wear religious symbols _________________ School allows a bible club in school__________________ Bible club students use the school’s loudspeaker to lead the stadium in a prayer prior to a football game. ______________ Principal leads a moment of silence. ______________ School conducts a holiday concert that has many religious songs. _________________ School forbids a teacher from wearing religious symbol in school. _______________ School allows for a prayer during graduation. ________________ “Under God,” in the pledge. ___________________ Constitutional Unconstitutional

8 1.____________________The Patriot Act and warrant-less electronic searches? 2.___________________The Death Penalty? 3.__________________Slanderous stories reported on the evening news? 4.__________________The 10 commandments displayed in the Supreme Court? 5. ___________________A girl playing football?

9 6. ___________________Background checks and other restrictions meant to control weapons sales. 7.__________________Censorship on the radio or the Fairness Act. 8.__________________“Under God” in the pledge 9. ___________________Cross buring 10._________________Same –sex marriages 11. _________________Abortion rights

10 In this case the Supreme Court ruled against the school led bible readings and prayer.

11 Supreme Court’s decision that greatly increased the rights of the accused.

12 The Supreme Court ruled in favor of students wearing black arm bands. This decision protected student rights in schools. Schools may still limit student expression, but they must prove that the expression is causing a disturbance.

13 The Supreme Court desegregated public schools. The court ruled that “Separate but equal” violated the 14 th Amendment

14 The Supreme Court determined the constitutionality of the state paying teachers who taught in Catholic schools. The Court determined that it was in fact a violation of the establishment clause. This later led to a test that is used to determine violations of the establishment/free exercise clause of the 1 st Amendment.

15 The Supreme Court determined that Anti-flag burning laws were unconstitutional.

16 The Supreme Court declared that it was unconstitutional for a school to force its students to recite the Pledge of Allegiance.

17 The Supreme Court upheld the school’s decision to conduct random locker searches.

18 The Supreme Court agreed that the principal has the right to censor student newspapers.

19 The Supreme Court ruled against inappropriate student speech, claiming that the right to free political speech is not always extended to students in a school.


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