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Freedom of Religion and Speech

Freedom of Religion and Speech. Chapter 13 Section 2 and 3. Freedom of Religion. Establishment Clause: prohibits the establishment of a national religion. Free Exercise Clause: Congress may not make laws restricting or prohibiting a person’s religious practices. School Prayer Court Cases.

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Freedom of Religion and Speech

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  1. Freedom of Religion and Speech Chapter 13 Section 2 and 3

  2. Freedom of Religion • Establishment Clause: prohibits the establishment of a national religion. • Free Exercise Clause: Congress may not make laws restricting or prohibiting a person’s religious practices.

  3. School Prayer Court Cases • Everson V. Board of Education • Government cannot aid one or more religions and can’t spend tax money on religious activities. • Engle V. Vitale • Banned the use of a prayer written by the New York State Board of Regents. • Abington School District V. Schempp • Ruled that requiring the saying of the Lord’s prayer was unconstitutional. • Wallace V. Jaffree • Momentary silence law for “ meditation or voluntary prayer” was unconstitutional.

  4. The Free Exercise Clause • Does not mean that people have the right to follow any religious practice they choose. • Some practices that have been disallowed • Polygamy in the Mormon Church • Reynolds V. United States • Using poison snakes in religious ceremony • Bunn v. North Carolina • Use of hallucinogenic drugs in religious ceremony • Oregon v. Smith • Prohibiting medical treatment to a sick child • Human Sacrifice

  5. Freedom of Speech • Three Types • Pure Speech: verbal communication of ideas and opinions. • Speech Plus: Combining words with actions such as marching or picketing. • Symbolic Speech: Nonverbal action that expresses a political message • such as wearing an armband. • Tinker v. Des Moines • Flag Desecration • Protected under symbolic speech

  6. Regulating Speech • Slander • Spoken statements meant to injure the well-being or reputation of a person • Treason • The betrayal of one’s own country by aiding its enemies. • Sedition • Actions or language inciting rebellion against a lawful authority, especially advocating the overthrow of the government.

  7. Regulating Speech Cont. • In 1942 the Supreme Court ruled that some words are so insulting that they provoke immediate violence. • Such “fighting words” do not constitute protected speech.

  8. In Tinker v. Des Moines the Supreme Court ruled that wearing an armband in protest was “symbolic speech”. The Court has often ruled that the 1st Amendment protects certain nonverbal behavior, such as hand movements, facial expressions, or wearing certain clothing. Do you agree with the court’s decision in favor of the students? How far should students be allowed to go in expressing their political opinions in school? Explain. (3/4 Page)

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