CHAPTER 19

1. CHAPTER 19 1ST AMENDMENT Read the following notes and answer the questions on a separate sheet. You need to discuss each question with your group. Answers need to be in full sentences. You can use your books if you need to.

2. FIRST AMENDMENT • The First Amendment includes: • Freedom of Religion • Freedom of Speech • Freedom of Press • Freedom of Assembly • Freedom of Petition

3. Question #1 • Put these five parts of the First Amendment in order of importance. • Explain your reasoning for your #1 answer.

4. Limits on your rights: • You are allowed to practice your religion in any manner that you choose: • However, this is not a 100% guarantee. You can practice; • as long as you don’t commit a crime. • Example – you can not commit murder in the name of religious sacrifice. • Example – you can not commit poligamy in the name of religion. • If you do these things, you will not be protected by your First Amendment rights.

5. Question #2 • Can you think of another limit on your rights?

6. First Amendment – Freedom of Religion Statement – has 2 parts • Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof… • The Establishment Clause (in red) – stops the government from supporting any particular religion, by creating a religion of the country, or by giving money to particular churches. • The Free Exercise Clause (in purple) – allows us as individuals to exercise any religion we want, or to not exercise religion at all.

7. Question #3 • What phrase is the Establishment Clause also known as? • Give an example of what the Establishment Clause is referring to?

8. Establishment Clause & Public Schools • Many Supreme Court Cases deal with either; • Prayer in public schools • The government can’t force you to say prayers in public schools, but can’t stop you as an individual from saying your own prayer. • Engel v. Vitale • Government involvement (tax $ support) in parochial schools. • Can (government) tax payer dollars be used to aid parochial schools? • Lemon v. Kurtzman

9. Question #4 • What is a parochial school? • What does secular mean?

10. Engel v. Vitale, 1962 • Outlawed school sponsored prayer in public schools. • That means a public school can not require a prayer be said in school.

11. Question #5 • Do you think that some public schools still have prayers in school? • If not, do you think this is fair? • If so, when do you think they have prayers?

12. Lemon v. Kurtzman, 1971 • The Supreme Court Justices used this case to create a test to determine whether the government can give tax ($) aid to a parochial school. It is a 3 part test. • 1. Does it have a secular purpose? • 2. Does it neither inhibit (prevent) religion or enhance (support) religion? • 3. Does it avoid excessive government entanglement?

13. Question #6 • Using the Lemon case (“test”) to help decide other future “aid to parochial school” cases is an example of what (term)?

14. Two examples of the Lemon Test • Example #1 • Everson v. Board of Education – The Supreme Court ruled that a New Jersey state law that allowed tax dollars to be used to pay for school buses for parochial schools constitutional. Because it is for a secular purpose (part #1) – to take kids to school to get an education.

15. Two examples of the Lemon Test • Example #2 • Wolman v. Walter – The Supreme Court ruled that an Ohio law that used tax dollars for school buses for field trips was unconstitutional. It was excessive entanglement with government (part #3) because the schools would have to contact the government every time they went on a field trip so they could decide if it was for a secular purpose (field trip to zoo / secular, field trip to see the Pope / religious).

16. Question #7 • Can you think of another example of when it would be ok to use tax $ in a parochial school? • Can you think of another example of when it is not ok?

17. YOUR FREEDOM OF RELIGION ASSIGNMENT: • In a group of 3 you will be reviewing court cases about freedom of religion. • You will need to read the case (it is a class copy – please do not write on it) and have a group piece of paper (put all of your names). • You can use the Constitution p C2, CH 19, or this PP • You will need to answer as a Supreme Court Justice – in how you interpret the Constitution. Not as a civilian with your own personal opinion. (You can decide that a law violates someone’s rights & is unconstitutional or that a law does not violate, or it does but for an acceptable reason.)

18. ESTABLISHMENT & FREE EXERCISE CASES • Answer the questions at the end of the whole sheet. • Answer the ultimate question -does it violate the Establishment Clause (if the government is involved) or does it violate the Free Exercise Clause (if an individuals right to religion is involved) in a conference discussion. • Write your majority, concurring, and dissenting opinions. Remember, you need to explain your decision as well as your reasoning.

19. COURT CASES THAT MIGHT HELP YOU • Abington School District v Schempp • Murray v. Curlett • Westside Community Schools v. Mergens • Lee v. Weisman • Wallace v. Jaffree • Lemon v. Kurtzman

20. First Amendment – Freedom of Speech Notes • Protects – • Pure Speech – spoken word • Symbolic Speech – actions that express yourself (ex. Burning the flag) • Example: Tinker v. Des Moines – US Supreme Court ruled that students were allowed to wear black armbands to protest the Vietnam War.

21. Freedom of Speech • Does not protect • Slander – spoken words that are untrue and can hurt a person or their reputation. • Libel – written words that are untrue and can hurt a person or their reputation. • Seditious Speech – advocates for the overthrow of the government • Clear & present danger speech – If your words lead to danger or illegal action. • Example – yelling fire in a movie theatre – if you were joking and people rushed out and somebody got trampled to death, you could be held responsible for their death. And you can’t say, “but I have the right to freedom of speech.”