1 st Amendment

1. 1st 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.

2. Freedoms are not absolute!

3. Religion • Establishment Clause – prohibits an establishment of religion by the government • Free Exercise Clause – prohibits the interference by government in the exercise of religion

4. Buses Public school buses can bus parochial school children as a matter of safety (Everson v. Board of Education of Ewing Township, 1947) Release time Students can be released from school for religious classes if they are held off school grounds Religious Organizations Must be allowed just as other organizations are allowed (Westside Community Board of Education v. Mergens, 1990) Evolution Schools that teach evolution do not have to teach creationalism (Edwards v. Aguillard, 1987) Textbooks State funds can be used for secular textbooks that are used in public and religious schools (Board of Education of Central School Discrict No. 1, 1968) Remedial Program Funds Public Funds can be used in church run schools for secular remediation programs (Agostini v. Felton, 1997) Use of School Facilities Religious groups are allowed the same access to school facilities as other community groups (Lamb’s Chapel v. Center Moriches Union Free School District, 1993) Prayer No prayer in school (even voluntary) unless led by a students Although student led prayer at high school football games were not supported b/c it was endorsed by the school (Santa Fe Independent School District v. Doe (2000) Religion in Schools

5. Community Holiday Decorations Can display religious Christmas symbols if there are some non-religious symbols, too (Lynch v. Donnelly, 1984) Government prayer Congress and state legislatures can open with a prayer led by a gov’t paid chaplain [because it is a deeply rooted historical tradition (March v. Chambers, 1983)] Religion Con’t

6. Speech and Press • Give people the right to have their say and to hear what others have to say • Intended to protect the expression of unpopular views

7. Commercial Speech (businesses) • Can advertise services • Can advertise drug and alcohol prices • Cannot advertise misleading ads • Banned cigarette ads on radio and TV

8. Not protected… • Libel – false and malicious use of printed words • Slander – false and malicious use of spoken words • Obscenity • Speech that advocates violence

9. Prior Restraint • Prior restraint – preventing information from being spoken or printed • In most cases, the gov’t CANNOT prevent ideas from being expressed (Near v. Minnesota, 1931) • Military / CIA information • School officials can censor school newspapers

10. Symbolic Speech (non-verbal) • Picketing by strikers • Wearing a black arm band as a political protest (Tinker v. Des Moines Independent Community School District, 1969) • Burning the American flag (Texas v. Johnson, 1989)

11. Assembly and Petition • Assembly – to gather with one another and express view on public matters • Petition – to bring views to the attention of public officials (petitions, letters, advertising, lobbying, parades, marches, demonstrations) • Time, Place, and Manner can be regulated • Cannot trespass on private property