LBrionesFirst AmendmentAPGoPo

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.

Complete the following activities NEATLY ON YOUR OWN PAPER. Work alone, 

FREEDOM OF, AND FROM, RELIGION

I. Vocab from hippocampus videos (you can do this at home or read the transcript):

1. Wall of Separation ~

2. Establishment clause ~

3. Free exercise clause ~

II. Directions: Complete the chart by placing a yes or a no in the constitutional column along with an explanation of the court ruling.

Scenario / Court Case / Constitutional? & explanation
1-A teacher led prayer in a public high school or encouragement of prayer by school authorities (at graduation or football games). / Engel v. Vitale
2-Erecting a manger scene at town hall with private money / County of Allegheny v. ACLU
3-Making state financial aid available to "church- related educational institutions" (i.e. Catholic schools’ teacher salaries & instructional materials)? / Lemon v. Kurtzman
4-Teaching Creationism or intelligent design in a public high school biology class / Tammy Kitzmiller v. Dover Area School District, Scopes v. TN
5-The practice of polygamy / Reynolds v. U.S.

III. Freedom of Religion tests

Directions: Think about a situation where religion is tangled up with government. Here are the tests the following people use.

·Liberals
Lemon test
Lemon v Kurtzman (1971)
1. A law must have a secular legislative purpose
2. A law must neither advance nor inhibit religion
3. It must avoid excessive government entanglement with religion

·Moderates
Endorsement Test
Establishment clause prohibits government practices that a reasonable observer would view as endorsing religion.
·Conservative
Non-Preferentialist test
Government may not prefer one religion over another but government canaccommodate religious activities or organizations as long as it is non-preferential ofone over another.
Apply each test to the following:

1. Some County Board of Commissioners begin each meeting with a prayer.
2. In the case ofLocke v Davey(2003), The State of Washington revokes a tax-payer funded scholarship for Joshua Davey to go to Theological Seminary.

IV. Freedom of Religion Opinion

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof…

Directions: Read over all of the following scenarios and choose one to answer in detail (paragraph(s)).

1. Is today’s wall of separation between church and state at the right height?

2. Should the state of Alabama Supreme Court be allowed to display a huge granite statue of the Ten Commandments in its public rotunda?

I am the lord your God

You shall have no other gods before me

You shall not make for yourself an idol

You shall not make wrongful use of the name of your God

Remember the Sabbath and keep it holy

3. Would the US be better off if it was a more religious country?

4. Should science teachers be allowed to teach evolution in a science class at DeBakey?

Should science teachers be allowed to teach creationism in a science class at DeBakey?

5. If you could keep only one clause would it be the establishment or the free exercise clause?

6. Should American money say “In God We Trust” on it?

Congress shall make no abridging the freedom of speech….

In "On Liberty" (1859) John Stuart Mill argued that "...there ought to exist the fullest liberty of professing and discussing, as a matter of ethical conviction, any doctrine, however immoral it may be considered." Mill argues that the fullest liberty of expression is required to push arguments to their logical limits, rather than the limits of social embarrassment. However, Mill also introduced what is known as the harm principle, in placing the following limitation on free expression: "the only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others.

Case / Date / Doctrine/Outcome
Schenck v. U.S. / 1919 / Clear & Present Danger Doctrine
Gitlow v. New York / 1925 / Incorporation Doctrine
New York Times v. Sullivan / 1964 / Libel
Brandenburg v. Ohio / 1969 / Hate Speech / ”imminent lawless action” Doctrine
Tinker v. Des Moines / 1969 / Student speech / symbolic speech
Hazlewood School District v. Kuhlmeir / 1988 / School censorship
Texas v. Johnson / 1989 / Symbolic political speech
Boy Scouts of America v. Dale / 2000 / Freedom of Association
Morse v. Frederick / 2007 / Student speech limits (“Bong Hits for Jesus”)
Citizens United v. Federal Elections Commission / 2010 / Political independent expenditures by corporations, associations, or labor unions.

I. Briefly summarize decision and importance of 4 of the 10 cases above. You must do the two BOLD ones and choose any other two.

II. Write an argument for the caseBoy Scouts of America v Dale. You can be for the Boy Scouts or Dale, it's up to you, just write an argument for whichever side you are on.

III. Answer all of the following questions

1. What is speech?

2. What is the Clear and Present Danger Doctrine?

3. Are there any lines of freedom of speech that you cannot cross?

4. What is hate speech and what is the law regarding hate speech?

Freedom of Speech Opinion

Directions: Read over all of the following scenarios and choose one to answer in detail (paragraph(s)).

1. Should freedom of speech be absolute?

2. List specific kinds of speech you would be willing to limit:

3. Do we have too much freedom of speech in our country?

4. Should the Nuremberg Files web site be legal?

5. Should the Westboro Baptist Church be allowed to protest funerals?