Fiveable
Fiveable

or

Log in

Find what you need to study


Light

Find what you need to study

3.2 First Amendment: Freedom of Religion

5 min readfebruary 11, 2023

Annika Tekumulla

Annika Tekumulla

Jed Quiaoit

Jed Quiaoit

Annika Tekumulla

Annika Tekumulla

Jed Quiaoit

Jed Quiaoit

Freedoms!

The to the United States Constitution is widely considered one of the most important amendments in the Bill of Rights. It guarantees five key liberties to American citizens: , , , the , and the . These liberties are central to American democracy and play a crucial role in protecting the rights of citizens against government interference. 🔑

https://firebasestorage.googleapis.com/v0/b/fiveable-92889.appspot.com/o/images%2F-zOdi7UVE5K7y.webp?alt=media&token=237fffb3-1da1-4b89-9aba-26fe6afea984

Source: Society6

We'll dive deeper into three of the most significant liberties of the . In this section, we'll talk about .

Religion

is one of the most important liberties guaranteed by the . This freedom protects the right of individuals to practice their religion, or to practice no religion at all, without fear of government retribution. This protection has been important in ensuring that individuals can freely express their religious beliefs without fear of persecution.

For example, in (1972), the Supreme Court held that a state law mandating compulsory high school attendance violated the free exercise of religion of Jonas Yoder, an Amish parent because his religion did not agree with high school attendance.

However, is not absolute. In the landmark case of (1878), the Supreme Court upheld the right of the federal government to regulate marriage and prosecute the practice of polygamy (but, they couldn't regulate religious beliefs about the correctness of polygamy).

The Constitution also guarantees that the government can not force individuals to conform to one religion. This is expressed in the Constitution as the which states that the government can not set a state religion. This clause has been very important to create the separation of church and state. However, there have been some exceptions like government subsidies for schools with general religious education. 

Speech

is another key liberty protected by the . This freedom protects individuals' right to express their opinions, regardless of whether those opinions are popular or unpopular. The is essential to a functioning democracy, as it allows individuals to participate in public discourse and hold the government accountable.

For example, in (1969), the Supreme Court held that students have the right to free speech in school, even if that speech is critical of the government.

Press

is an important aspect of the , as it ensures that individuals can access and disseminate information without fear of government retribution. This freedom has been important in ensuring that the press can report on important issues and serve as a watchdog against government corruption and abuse of power.

For example, in (1971), the Supreme Court held that the government could not prevent the publication of the Pentagon Papers, a classified government study of the Vietnam War, as it would be a violation of the .

Peaceful Assembly

The allows individuals to gather together and express their opinions, protest government actions, and advocate for their rights. This right has been important in shaping the political and social landscape of the country and has been used to effect change on a number of important issues.

For example, the of the 1950s and 1960s relied heavily on the , as individuals gathered together to protest segregation and advocate for equal rights. The Supreme Court has held that the government may not restrict this right, as long as the assembly is peaceful.

Petitioning the Government

The allows individuals to voice their complaints and seek redress for grievances. This right has been used to effect change on a number of important issues and has been instrumental in holding the government accountable.

For example, individuals have used the to advocate for changes in law, challenge government actions, and bring attention to important issues. The government is required to respond to these petitions and must take them into consideration when making decisions.

In order to see if there is a violation of the , the court uses the . This test was derived from the court case of in 1971. They test whether a state action is a violation by testing 3 parts. 🍋

The action violates the clause unless it:

  • Has a significant secular, rather than religious, purpose

  • Does not have the effect of advancing or discouraging religion

  • Does not have “excessive entanglement” between government and religion

Important Cases: Illustrative Examples

The to the United States Constitution provides for two key clauses: the and the . These clauses are the basis for the ongoing debate over balancing majoritarian religious practice with individual . This debate is reflected in a number of court cases that have shaped the interpretation and application of these clauses. 📷

(1962)

One such case is (1962), which dealt with the issue of school sponsorship of religious activities. This case dealt with a group of Jewish families that sued their children’s school district for having prayer in the classroom. Initially, the New York Court of Appeals upheld the decision of allowing school prayer.

Consequently, the families took the case to the Supreme Court because they believed that the prayer was violating the . There was a 6-1 decision that ruled that the school prayer did violate the

In other words, the Supreme Court declared that this law violated the , which prohibits the government from endorsing or promoting religion. This decision was significant because it established that the government must remain neutral in religious matters and cannot take actions that endorse or promote one religion over another.

https://firebasestorage.googleapis.com/v0/b/fiveable-92889.appspot.com/o/images%2F-U1th9IdNjC8K.avif?alt=media&token=acc2987f-bf6b-4b06-83ec-164b78d4b6b8

Source: Wikimedia Commons

(1972)

Another important case is (1972), which dealt with the issue of compulsory school attendance. This case dealt with the Amish principle that believed the higher education of high school was not necessary to preserve the Amish lifestyle. Wisconsin responded by fining three Amish families that took their children out of school in 8th grade.

The families appealed to the Supreme Court which ruled in favor of the families which led to the state of Wisconsin taking the case to the Supreme Court. The Supreme Court then again ruled in favor of the families stating that taking their children out after the 8th grade was protected by the . This clause reserves the right of American citizens to practice any religious faith or ritual. 

🎥 Watch: AP GOPO - 1st and 2nd Amendments

Key Terms to Review (16)

Civil Rights Movement

: The Civil Rights Movement was a struggle for social justice that took place mainly during the 1950s and 1960s for Black Americans to gain equal rights under the law in the United States.

Engel v. Vitale

: Engel v. Vitale was a landmark Supreme Court case in 1962 where it was decided that state officials violated the First Amendment when they wrote a prayer to be recited by New York's schoolchildren.

Establishment Clause

: Part of the First Amendment stating that 'Congress shall make no law respecting an establishment of religion.'

First Amendment

: The First Amendment protects five basic freedoms - freedom of religion, speech, press, assembly, and petition against government interference.

Free Exercise Clause

: The Free Exercise Clause is a part of the First Amendment to the United States Constitution that guarantees individuals the right to practice their religion freely without government interference.

Freedom of Religion

: The right to practice whatever religion one chooses without interference from the government.

Freedom of Speech

: A principle enshrined in First Amendment which allows individuals express their opinions without fear of governmental retaliation or censorship.

Freedom of the Press

: The right for journalists and media outlets to publish news and information free from government control and censorship.

Lemon Test

: The Lemon Test is a three-part test used by the courts to determine whether a law violates the First Amendment's Establishment Clause.

Lemon v. Kurtzman

: A Supreme Court case in 1971 that established the "Lemon Test." The court ruled that state laws providing financial support for non-public, non-secular schools violated the Establishment Clause of First Amendment.

New York Times Co. v. United States

: A landmark Supreme Court case from 1971 where the court ruled that the First Amendment protected the right of the New York Times to print classified documents (the Pentagon Papers) without risk of government censorship or punishment.

Reynolds v. United States

: A Supreme Court case in 1879 that ruled against the practice of polygamy, stating that religious duty was not a suitable defense to a criminal indictment.

Right to Peaceably Assemble

: This is a constitutional right protected under the First Amendment that allows people to gather for peaceful and lawful purposes.

Right to Petition the Government

: The right to petition government is a First Amendment right that allows citizens to make requests or demands of their government without fear of punishment or retaliation.

Tinker v. Des Moines Independent Community School District

: This is a landmark Supreme Court case from 1969 that established the principle of student free speech in schools. The court ruled that students do not lose their constitutional rights to freedom of speech or expression at the schoolhouse gate.

Wisconsin v. Yoder

: Wisconsin v. Yoder was a Supreme Court case in 1972 where Amish parents refused compulsory education for their children past eighth grade based on their religious beliefs. The court ruled in favor of the Yoders, stating that their First Amendment rights to freedom of religion were more important than the state's interest in educating its children.

3.2 First Amendment: Freedom of Religion

5 min readfebruary 11, 2023

Annika Tekumulla

Annika Tekumulla

Jed Quiaoit

Jed Quiaoit

Annika Tekumulla

Annika Tekumulla

Jed Quiaoit

Jed Quiaoit

Freedoms!

The to the United States Constitution is widely considered one of the most important amendments in the Bill of Rights. It guarantees five key liberties to American citizens: , , , the , and the . These liberties are central to American democracy and play a crucial role in protecting the rights of citizens against government interference. 🔑

https://firebasestorage.googleapis.com/v0/b/fiveable-92889.appspot.com/o/images%2F-zOdi7UVE5K7y.webp?alt=media&token=237fffb3-1da1-4b89-9aba-26fe6afea984

Source: Society6

We'll dive deeper into three of the most significant liberties of the . In this section, we'll talk about .

Religion

is one of the most important liberties guaranteed by the . This freedom protects the right of individuals to practice their religion, or to practice no religion at all, without fear of government retribution. This protection has been important in ensuring that individuals can freely express their religious beliefs without fear of persecution.

For example, in (1972), the Supreme Court held that a state law mandating compulsory high school attendance violated the free exercise of religion of Jonas Yoder, an Amish parent because his religion did not agree with high school attendance.

However, is not absolute. In the landmark case of (1878), the Supreme Court upheld the right of the federal government to regulate marriage and prosecute the practice of polygamy (but, they couldn't regulate religious beliefs about the correctness of polygamy).

The Constitution also guarantees that the government can not force individuals to conform to one religion. This is expressed in the Constitution as the which states that the government can not set a state religion. This clause has been very important to create the separation of church and state. However, there have been some exceptions like government subsidies for schools with general religious education. 

Speech

is another key liberty protected by the . This freedom protects individuals' right to express their opinions, regardless of whether those opinions are popular or unpopular. The is essential to a functioning democracy, as it allows individuals to participate in public discourse and hold the government accountable.

For example, in (1969), the Supreme Court held that students have the right to free speech in school, even if that speech is critical of the government.

Press

is an important aspect of the , as it ensures that individuals can access and disseminate information without fear of government retribution. This freedom has been important in ensuring that the press can report on important issues and serve as a watchdog against government corruption and abuse of power.

For example, in (1971), the Supreme Court held that the government could not prevent the publication of the Pentagon Papers, a classified government study of the Vietnam War, as it would be a violation of the .

Peaceful Assembly

The allows individuals to gather together and express their opinions, protest government actions, and advocate for their rights. This right has been important in shaping the political and social landscape of the country and has been used to effect change on a number of important issues.

For example, the of the 1950s and 1960s relied heavily on the , as individuals gathered together to protest segregation and advocate for equal rights. The Supreme Court has held that the government may not restrict this right, as long as the assembly is peaceful.

Petitioning the Government

The allows individuals to voice their complaints and seek redress for grievances. This right has been used to effect change on a number of important issues and has been instrumental in holding the government accountable.

For example, individuals have used the to advocate for changes in law, challenge government actions, and bring attention to important issues. The government is required to respond to these petitions and must take them into consideration when making decisions.

In order to see if there is a violation of the , the court uses the . This test was derived from the court case of in 1971. They test whether a state action is a violation by testing 3 parts. 🍋

The action violates the clause unless it:

  • Has a significant secular, rather than religious, purpose

  • Does not have the effect of advancing or discouraging religion

  • Does not have “excessive entanglement” between government and religion

Important Cases: Illustrative Examples

The to the United States Constitution provides for two key clauses: the and the . These clauses are the basis for the ongoing debate over balancing majoritarian religious practice with individual . This debate is reflected in a number of court cases that have shaped the interpretation and application of these clauses. 📷

(1962)

One such case is (1962), which dealt with the issue of school sponsorship of religious activities. This case dealt with a group of Jewish families that sued their children’s school district for having prayer in the classroom. Initially, the New York Court of Appeals upheld the decision of allowing school prayer.

Consequently, the families took the case to the Supreme Court because they believed that the prayer was violating the . There was a 6-1 decision that ruled that the school prayer did violate the

In other words, the Supreme Court declared that this law violated the , which prohibits the government from endorsing or promoting religion. This decision was significant because it established that the government must remain neutral in religious matters and cannot take actions that endorse or promote one religion over another.

https://firebasestorage.googleapis.com/v0/b/fiveable-92889.appspot.com/o/images%2F-U1th9IdNjC8K.avif?alt=media&token=acc2987f-bf6b-4b06-83ec-164b78d4b6b8

Source: Wikimedia Commons

(1972)

Another important case is (1972), which dealt with the issue of compulsory school attendance. This case dealt with the Amish principle that believed the higher education of high school was not necessary to preserve the Amish lifestyle. Wisconsin responded by fining three Amish families that took their children out of school in 8th grade.

The families appealed to the Supreme Court which ruled in favor of the families which led to the state of Wisconsin taking the case to the Supreme Court. The Supreme Court then again ruled in favor of the families stating that taking their children out after the 8th grade was protected by the . This clause reserves the right of American citizens to practice any religious faith or ritual. 

🎥 Watch: AP GOPO - 1st and 2nd Amendments

Key Terms to Review (16)

Civil Rights Movement

: The Civil Rights Movement was a struggle for social justice that took place mainly during the 1950s and 1960s for Black Americans to gain equal rights under the law in the United States.

Engel v. Vitale

: Engel v. Vitale was a landmark Supreme Court case in 1962 where it was decided that state officials violated the First Amendment when they wrote a prayer to be recited by New York's schoolchildren.

Establishment Clause

: Part of the First Amendment stating that 'Congress shall make no law respecting an establishment of religion.'

First Amendment

: The First Amendment protects five basic freedoms - freedom of religion, speech, press, assembly, and petition against government interference.

Free Exercise Clause

: The Free Exercise Clause is a part of the First Amendment to the United States Constitution that guarantees individuals the right to practice their religion freely without government interference.

Freedom of Religion

: The right to practice whatever religion one chooses without interference from the government.

Freedom of Speech

: A principle enshrined in First Amendment which allows individuals express their opinions without fear of governmental retaliation or censorship.

Freedom of the Press

: The right for journalists and media outlets to publish news and information free from government control and censorship.

Lemon Test

: The Lemon Test is a three-part test used by the courts to determine whether a law violates the First Amendment's Establishment Clause.

Lemon v. Kurtzman

: A Supreme Court case in 1971 that established the "Lemon Test." The court ruled that state laws providing financial support for non-public, non-secular schools violated the Establishment Clause of First Amendment.

New York Times Co. v. United States

: A landmark Supreme Court case from 1971 where the court ruled that the First Amendment protected the right of the New York Times to print classified documents (the Pentagon Papers) without risk of government censorship or punishment.

Reynolds v. United States

: A Supreme Court case in 1879 that ruled against the practice of polygamy, stating that religious duty was not a suitable defense to a criminal indictment.

Right to Peaceably Assemble

: This is a constitutional right protected under the First Amendment that allows people to gather for peaceful and lawful purposes.

Right to Petition the Government

: The right to petition government is a First Amendment right that allows citizens to make requests or demands of their government without fear of punishment or retaliation.

Tinker v. Des Moines Independent Community School District

: This is a landmark Supreme Court case from 1969 that established the principle of student free speech in schools. The court ruled that students do not lose their constitutional rights to freedom of speech or expression at the schoolhouse gate.

Wisconsin v. Yoder

: Wisconsin v. Yoder was a Supreme Court case in 1972 where Amish parents refused compulsory education for their children past eighth grade based on their religious beliefs. The court ruled in favor of the Yoders, stating that their First Amendment rights to freedom of religion were more important than the state's interest in educating its children.


© 2024 Fiveable Inc. All rights reserved.

AP® and SAT® are trademarks registered by the College Board, which is not affiliated with, and does not endorse this website.


© 2024 Fiveable Inc. All rights reserved.

AP® and SAT® are trademarks registered by the College Board, which is not affiliated with, and does not endorse this website.