Presentation Transcript

1. Freedom of Press The Common Law principle of Seditious Libel designed to protect the government from criticism people would lose faith in their government if there was too much criticism The Truth is NOT a defense; in fact the greater the truth, the greater the libel
2. Freedom of Press The John Peter Zenger Trial (1735) originally it was judges who made the ruling on seditious libel this trial argued that the decision should be in the hands of the jury the jury decision would make the truth a defense
3. Freedom of Press Near v. Minnesota (1931) – No Prior Restraint New York Times v. Sullivan (1964) – Defamation cases must prove actual malice NY Times v. US (1971) - Pentagon Papers Nebraska Press Association v. Stuart (1976) – pre-trial gag rule is prior restraint
4. Freedom of Press Hazelwood School District v. Kuhlmeier (1988) The Principal can exercise editorial control over the school newspaper or yearbook. Decisions must be "reasonably related to legitimate pedagogical concerns."
5. Freedom of Religion Establishment of Religion – prohibits the government from treating religions differently any disparate treatment must survive Strict Scrutiny
6. Freedom of Religion . The Lemon Test – Lemon v. Kurtzman (1971) The new modified test – Lemon test isn’t used any more Whether the government is affirmatively endorsing religion; Whether the government is affording special treatment to one religion that it is not affording to other religions Whether the government is coercing persons to engage in religious activities. All three prongs must be satisfied for a challenged government action to be valid
7. Freedom of Religion Government Aid Who gets the aid? – Aid to students in religious schools or aid directly to religious schools? What kind of aid? – textbooks or TV’s a Math teacher in a religious school is serving a secular purpose
8. Freedom of Religion Government Activities – Secular purpose? A.Schools Schools may not require prayer or bible reading - no designated time for silent or voluntary prayer - even nonsectarian prayers advance religion
9. Freedom of Religion Government Activities – Secular purpose? A. Schools Optional religious instruction - Schools may not offer a class on religious instruction during the school day, but can allow you to go offsite to receive it
10. Freedom of Religion Government Activities – Secular purpose? A. Schools Posting of the 10 Commandments – Schools may not post the commandments on the wall - Students may research religions as a part of course curriculum
11. Freedom of Religion Government Activities – Secular purpose? A. Schools Reasonable Accommodation of Religion – Bible Study Club
12. Freedom of Religion Government Activities – Secular purpose? B. Other Public Venues – Governments may recognize and publicly observe religious events - Christmas holiday or Sunday work laws Display of religious symbols on Government Property - private speech in a public forum can never violate the establishment clause (Capital Square Review and Advisory Bd. v. Pinette – 1995)
13. Freedom of Religion Government Activities – Secular purpose? B. Other Public Venues – Observance of religious holidays – OK to observe Christmas – and put up a tree, not OK the put up nativity scene Prayer in Legislatures – OK – historical habit and no coercion
14. Freedom of Religion Important Establishment Cases Engle v. Vitale (1962) Lemon v. Kurtzman (1971)
15. Freedom of Religion Free Exercise of Religion –the government cannot exclude, burden, or prohibit individuals or their conduct because of the religious nature of that conduct
16. Freedom of Religion Free Exercise of Religion Limits on Government regulation must survive Strict Scrutiny – the government action must be narrowly tailored to serve a compelling state interest
17. Freedom of Religion Free Exercise of Religion What is religion or religious belief?
18. Freedom of Religion Free Exercise of Religion What is religion or religious belief? The relevant inquiry is whether the individual sincerely believes The belief should occupy a place similar to a belief held by a formal religion
19. Freedom of Religion Free Exercise of Religion Laws of General Applicability – OK even if they prohibit religious conduct example: Peyote use, racial discrimination and tax breaks A city ordinance banning animal sacrifice cannot exempt the Kosher slaughter of animals
20. Freedom of Religion Free Exercise of Religion Employment Division v. Smith (1990) The Church of the LukumiBabaylu Aye v. Hialeah (1993)