Civil Liberties and Civil Rights The First Amendment

st 1 Amendment Congress shall make no law: • respecting an establishment of religion, or prohibiting the free exercise thereof; • or abridging the freedom of speech, or of the press; • or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

st 1 Amendment • What are the limits of the establishment clause? • What are the limits of the free exercise clause?

st 1 Amendment When a legislative body grants religious groups more liberty than the Free Exercise Clause requires, the government potentially violates the Establishment Clause. More than half a century of law and precedent has produced the following five rules:

st 1 Amendment 1. When a law exempts only religious believers from a generally applicable legal requirement, the law must relieve a burden that specially affects the ability of believers to practice their religion. For example, the government may exempt only religious employers from a general prohibition on religious discrimination because requiring a religious institution to hire people outside that particular religion would burden its religious mission in a way that such a requirement would not burden a secular employer.

st 1 Amendment 2. Accommodations for religious individuals must not impose unreasonable costs on others. For example, exempting religious prisoners from general prison regulations must not endanger the safety of guards or other prisoners.

st 1 Amendment 3. Accommodations must not grant religious organizations the authority to wield a power typically reserved for government. For example, the power to decide which local businesses may serve liquor.

st 1 Amendment 4. Accommodations must not coerce participation in a religious practice. For instance, a public school must not seek to accommodate religious students by forcing all students to engage in prayer.

st 1 Amendment 5. Accommodations must not single out particular religious groups for favorable treatment. For example, if a law prohibits alcohol consumption, the Establishment Clause would permit an exemption for all sacramental consumption, but it would not permit an exemption that applied only to Roman Catholic Mass.

st 1 Amendment The Supreme Court in Zorach v. Clauson (1952) upheld Accommodationism holding that the nation's "institutions presuppose a Supreme Being" and that government recognition of God does not constitute the establishment of a state church as the Constitution's authors intended to prohibit. As such, the Court has not always interpreted the constitutional principle as absolute, and the proper extent of separation between government and religion in the U. S. remains an ongoing subject of impassioned debate.

st 1 Amendment • Everson v. Board of Education (1947) • Landmark precedent • Can government money reimburse costs for school transportation if the school is run by a recognized church?

st 1 Amendment • Additional Relevant Cases… • Engle v. Vitale (1962): The Court banned a prayer written by a school’s Board of Regents • Abington School District v. Schempp (1963): The Court overturned a PA law requiring the reading of the Lord’s Prayer • Stone v. Graham (1980): The Court overturned a KY law requiring the 10 Commandments to be posted in schools • Wallace v. Jaffrey (1985): AL’s “moment of silence” found to be unconstitutional • Lee v. Weisman (1992): Prayer could NOT be part of a graduation ceremony in RI • Jones v. Clear Creek ISD (1992): Prayer COULD be part of a

st 1 Amendment • When can speech be censored? • What can and cannot the press publish?

st 1 Amendment Three types of Speech: Pure Speech • Verbal expression of thoughts and opinions • Voluntary audience • Supreme Court has routinely provided strong protection

st 1 Amendment Three types of Speech: Speech Plus • Involves actions as well as words • May endanger safety • May violate the rights of others • Not protected as much as Pure Speech

st 1 Amendment Three types of Speech: Symbolic Speech • Expression by conduct • May not actually involve speech • Most controversial of all protected speech

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st 1 Amendment Slander • Speech that damages a person’s good name, reputation, or character • Freedom of expression must be balanced against the rights of others

st 1 Amendment Libel • Published speech producing disruption in a person’s profession, trade, or other area of their life • Defamation of character Absence of Malice: The responsibility of the press to have multiple independent sources before publishing something potentially libelous.

st 1 Amendment Treason: The betrayal of one’s own country by acting to aid its enemies Sedition: Actions or language inciting rebellion against a lawful authority

st 1 Amendment Relevant Court Cases – Free Speech • Schenck v. US (1919): In times of war, speech that presents a clear and present danger is not protected • Dennis v. US (1951): Upheld the Smith Act, extending the definition of sedition to peacetime • Yates v. US (1957): Overturned some Smith Act convictions stating that merely urging people to believe something is not the same as inciting them to action • Brandenburg v. Ohio (1969): Further narrowed the definition of sedition by requiring it to be “imminent”

st 1 Amendment Relevant Court Cases – Free Press • Near v. Minnesota (1951): Prior restraint is not permitted except in cases of national security • New York Times v. US (1971): Allowed publication of the Pentagon Papers • Branzburg v. Hayes (1972): The 1 st Amendment does not protect reporters who fail to reveal their sources • Miller v. California (1973): Attempt by the Supreme Court to define obscenity or pornography NOTE: Obscenity is NOT protected by the 1 st Amendment

st 1 Amendment Is “hate speech” protected speech? Matal v. Tam, 582 U. S. _ (2017)

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st 1 Amendment • When can the government place limits on assembly? • Are there limits on petition?

st 1 Amendment Limits on Assembly • Unpopular opinions cannot be prevented • Government can impose reasonable rules on time, place, and manner • May require a financial deposit PLAY

st 1 Amendment Relevant Court Cases – Assembly • Adderley v. Florida (1966): Clarified limits at public facilities such as parks, libraries, schools, and jails • Grayned v. City of Rockford (1972): Upheld a city restriction on making noise near a school • Lloyd Corp v. Tanner (1972): Right to assemble does not permit trespass on private property • Schenck v. Pro-Choice Network (1997): Upheld the creation of “fixed buffer zones”

st 1 Amendment The Supreme Court in NAACP v. Alabama (1958) upheld Right to Privacy in conjunction with the Freedom of Assembly The Supreme Court in Rotary Int’l v. Rotary Club of Duarte (1987) rejected the efforts of an all-male organization to reject women The Court holds that Freedom of Assembly and Petition includes a guarantee of association. People who wish to promote political, social, or economic issues, regardless of popularity, have the right to associate with each other.

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