1 ST AMENDMENT PRESS AND RELIGION Freedom of

1 ST AMENDMENT – PRESS AND RELIGION

Freedom of Press • Near v. Minnesota (1931) • No Prior Restraint – the stopping of media reporting stories • New York Times v. Sullivan (1964) • Defamation cases must prove actual malice after Sullivan sued NYT for running an ad with errors • NY Times v. US (1971) • Pentagon Papers publishing okay under 1 st Amendment, prior restraint only issued if publication causes “grave and irreparable danger” • Nebraska Press Association v. Stuart (1976) • pre-trial gag rule is prior restraint

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. "

Freedom of Religion Establishment clause of Religion • prohibits the government from treating religions differently • any disparate treatment must survive Strict Scrutiny

Freedom of Religion • Is giving money to private schools okay? • Questions to ask: • 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 non religious purpose?

Freedom of Religion • Government – what is establishment? • Schools may not require prayer or bible reading • no designated time for silent or voluntary prayer • even nonsectarian prayers advance religion

Freedom of Religion • 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

Freedom of Religion 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

Freedom of Religion • Reasonable Accommodation of Religion – Bible Study Club Okay • Westside Community Schools v. Mergens

Freedom of Religion 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

Freedom of Religion Observance of religious holidays • OK to observe Christmas • put up a tree • not OK the put up nativity scene • Prayer in Legislatures – OK – historical habit and no coercion to participate

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

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

Freedom of Religion Free Exercise of Religion • Laws of General Applicability used often • Okay though, even if they prohibit religious conduct. Why? • When applied neutrally, it effects all religions and thus stops them all from exercising • example: Peyote use, racial discrimination, and tax breaks • However, a city ordinance banning animal sacrifice cannot exempt the Kosher slaughter of animals

Freedom of Religion Free Exercise of Religion • The Church of the Lukumi Babaylu Aye v. Hialeah (1993) • As Justice Kennedy has stated on religious cases “religious beliefs need not be acceptable, logical, consistent, or comprehensible to others in order to merit First Amendment protection”