Freedom of Religion
I. The Establishment Clause – Separation of Church and State
Ø The Supreme Court has ruled against laws requiring prayers or the religious use of the Bible
Ø The Court has allowed public schools to release students to attend religious classes or ceremonies if they are not held on public property
Ø Schools must allow religious groups/clubs to meet in school on the same terms that it sets for other groups/organizations
Ø Displays of religious beliefs are permissible only if they are part of a non-religious or multi-religious display
Ø Prayer in Congress or state legislatures is allowed because it is based on tradition, and because adults, unlike children, are not “susceptible to religious indoctrination or peer pressure”
Ø The “Lemon Test”
Ø Aid to religious schools must be secular
Ø Primary purpose must not aid or hinder religion
Ø Must avoid “excessive entanglement of government with religion”
II. The Free Exercise Clause – Freedom of Religion
Ø Guarantees the right to believe whatever that person chooses to believe in matters of religion
Ø The free exercise of religion is limited in cases where such practices violate social duties or is subversive of order
Freedom of Expression & National Security
Ø Espionage, sabotage, and treason are punishable acts
Ø Sedition (negative speech or writing against the government or government officials) is more complex
Ø Alien and Sedition Acts of 1798 made false or malicious criticism agains the government illegal and allowed the President to deport undesirable aliens – never challenged in the courts
Ø Similar laws passed during WW I
Ø Schenck v. United States (1917) – court upheld conviction of a man who urged others to resist the draft
Ø Est. the “clear and present danger” criteria
Ø Urging someone to believe something, rather than urging them to act, cannot be made illegal
Freedom of Assembly and Petition
Ø The right to organize to influence public policy – through advertisements, lobbying, parades, and demonstrations – is protected
Ø Endangering lifer, property, or the public order is not protected
Ø Government can enforce reasonable rules covering time, place, and manner of assemblies, providing that the rules are specific, neutral, and equitably enforced
Ø Laws requiring advanced notice and permits for demonstrating are permissible
Ø Freedom of assembly and petition do not apply to private property
Ø The freedom to association to promote political, economic, and social causes is implicit in the guarantees of freedom of assembly and petition