Download 2 3 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
• 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.
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
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
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.
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.
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)