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Table of Contents
Unit 3 Overview: Civil Liberties and Civil Rights
3.1 The Bill of Rights
3.2 First Amendment: Freedom of Religion
3.3 First Amendment: Freedom of Speech
3.4 First Amendment: Freedom of the Press
3.5 Second Amendment: Rights to Bear Arms
3.6 Amendments: Balancing Individual Freedom with Public Order and Safety
3.7 Selective Incorporation & the 14th Amendment
3.8 Amendments: Due Process and the Rights of the Accused
3.9 Amendments: Due Process and the Right to Privacy
3.10 Social Movements and Equal Protection
3.11 Government Responses to Social Movements
3.12 Balancing Minority and Majority Rights
3.13 Affirmative Action
3.14 Required Supreme Court Cases

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3.2 First Amendment: Freedom of Religion

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Freedoms!

The First Amendment 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: freedom of religion, freedom of speech, freedom of the press, the right to peaceably assemble, and the right to petition the government. These liberties are central to American democracy and play a crucial role in protecting the rights of citizens against government interference. 🔑

Source: Society6

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

Religion

Freedom of religion is one of the most important liberties guaranteed by the First Amendment. 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 Wisconsin v. Yoder (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, freedom of religion is not absolute. In the landmark case of Reynolds v. United States (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).

Establishment Clause

The Constitution also guarantees that the government can not force individuals to conform to one religion. This is expressed in the Constitution as the establishment clause 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

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

For example, in Tinker v. Des Moines Independent Community School District (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

Freedom of the press is an important aspect of the First Amendment, 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 New York Times Co. v. United States (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 freedom of the press.

Peaceful Assembly

The right to peaceably assemble 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 Civil Rights Movement of the 1950s and 1960s relied heavily on the right to peaceably assemble, 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 right to petition the government 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 right to petition the government 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.

Lemon Test

In order to see if there is a violation of the establishment clause, the court uses the Lemon test. This test was derived from the court case of Lemon v. Kurtzman 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 First Amendment to the United States Constitution provides for two key clauses: the Establishment Clause and the Free Exercise Clause. These clauses are the basis for the ongoing debate over balancing majoritarian religious practice with individual freedom of religion. This debate is reflected in a number of court cases that have shaped the interpretation and application of these clauses. 📷

Engel v. Vitale (1962)

One such case is Engel v. Vitale (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 establishment clause. There was a 6-1 decision that ruled that the school prayer did violate the establishment clause. 

In other words, the Supreme Court declared that this law violated the Establishment Clause, 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.

Source: Wikimedia Commons

Wisconsin v. Yoder (1972)

Another important case is Wisconsin v. Yoder (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 First Amendment free exercise clause. 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 social and political movement in the United States during the 1950s and 1960s aimed at ending racial discrimination and promoting equal rights for African Americans. This movement significantly influenced social change, legislation, and public attitudes towards race, leading to greater recognition of minority rights and protections under the law.
Engel v. Vitale: Engel v. Vitale is a landmark Supreme Court case from 1962 that ruled it unconstitutional for state officials to compose an official school prayer and encourage its recitation in public schools, as this practice violates the Establishment Clause of the First Amendment. This case highlighted the tension between government involvement in religion and the protection of individual religious freedoms, reinforcing the principle of separation of church and state.
Establishment Clause: The Establishment Clause is a part of the First Amendment to the United States Constitution that prohibits the government from establishing an official religion or unduly favoring one religion over another. It is a fundamental principle that ensures a separation between church and state, allowing for religious freedom and preventing governmental interference in religious practices. This clause plays a critical role in various Supreme Court cases and legal interpretations that shape the relationship between government and religion in American society.
First Amendment: The First Amendment to the United States Constitution is a foundational legal provision that guarantees essential freedoms, including the freedom of speech, religion, press, assembly, and petition. It plays a crucial role in protecting individual liberties and limiting government power, influencing the dynamics of democracy and civil rights throughout American history.
Free Exercise Clause: The Free Exercise Clause is a provision in the First Amendment of the U.S. Constitution that protects individuals' rights to practice their religion freely without government interference. This clause ensures that citizens can express their beliefs and engage in religious practices, provided they do not violate public order or the rights of others. The Free Exercise Clause is often examined alongside the Establishment Clause, which prohibits the government from establishing a national religion, making them both critical components of religious freedom in America.
Freedom of Speech: Freedom of Speech is a fundamental right protected by the First Amendment, allowing individuals to express their thoughts, opinions, and ideas without government interference. This right plays a crucial role in democratic societies, as it fosters open dialogue, promotes individual autonomy, and enables the criticism of government actions.
Freedom of the Press: Freedom of the Press is the right of media outlets and journalists to report news and express opinions without government interference or censorship. This fundamental right supports transparency and accountability in government by allowing citizens access to information about their leaders' actions and decisions. It's essential for a healthy democracy, as it empowers individuals to form their own opinions based on diverse viewpoints.
Freedom of Religion: Freedom of Religion refers to the right of individuals to practice their religion without interference from the government or others. This principle is essential in ensuring that people can hold personal beliefs and participate in religious activities freely, reflecting the foundational values enshrined in key legal documents. The concept is tightly connected to the protection of individual liberties and the limits on governmental power, ensuring that citizens can express their faith openly and without fear of persecution.
Lemon Test: The Lemon Test is a legal standard used to determine whether a law or government action violates the Establishment Clause of the First Amendment. It was established in the Supreme Court case Lemon v. Kurtzman (1971) and consists of three criteria that assess the purpose, effect, and entanglement of government with religion. This test is essential for understanding how courts evaluate the separation of church and state in various contexts.
Lemon v. Kurtzman: Lemon v. Kurtzman is a landmark Supreme Court case from 1971 that addressed the issue of government funding for religious schools and its implications for the First Amendment's Establishment Clause. The ruling established the Lemon Test, a three-pronged standard to determine whether a law or government action violates the separation of church and state. This case has had a lasting impact on the interpretation of religious freedom and government involvement in religious activities.
New York Times Co. v. United States: New York Times Co. v. United States is a landmark Supreme Court case from 1971 that established the principle of prior restraint in relation to freedom of the press. The case arose when the government attempted to prevent the New York Times from publishing the Pentagon Papers, a classified document detailing U.S. political and military involvement in Vietnam. The ruling reinforced the First Amendment's protection of press freedom and underscored the importance of a free and open discourse in a democratic society.
Reynolds v. United States: Reynolds v. United States was a landmark Supreme Court case in 1879 that addressed the issue of religious freedom and the limits of the First Amendment. The case involved George Reynolds, a member of the Church of Jesus Christ of Latter-day Saints, who was prosecuted for practicing polygamy, which he claimed was a religious obligation. The Court ruled that while religious beliefs are protected under the First Amendment, religious practices that violate laws are not, thus establishing a crucial precedent in understanding the balance between religious freedom and the rule of law.
Right to Peaceably Assemble: The Right to Peaceably Assemble is the constitutional right guaranteed by the First Amendment, allowing individuals to gather in groups for collective expression, demonstration, or protest without interference from the government, as long as their actions are non-violent. This right is fundamental to democratic society as it enables citizens to express their opinions, advocate for change, and mobilize support for various causes, fostering public discourse and civic engagement.
Right to Petition the Government: The Right to Petition the Government is a fundamental freedom that allows individuals to make complaints to or seek assistance from their government without fear of punishment or reprisals. This right, enshrined in the First Amendment, plays a critical role in ensuring that citizens can express their grievances and advocate for change, thereby promoting accountability and responsiveness within the government.
Tinker v. Des Moines Independent Community School District: Tinker v. Des Moines Independent Community School District is a landmark Supreme Court case from 1969 that affirmed the First Amendment rights of students in public schools, ruling that students do not lose their constitutional rights to freedom of speech when they enter school. The case arose when students wore black armbands to protest the Vietnam War, and the Court held that their actions were a form of symbolic speech protected under the First Amendment, establishing a precedent for student expression in educational settings.
Wisconsin v. Yoder: Wisconsin v. Yoder is a landmark Supreme Court case from 1972 that addressed the balance between state interests and individual religious freedoms under the First Amendment. The Court ruled that Wisconsin's compulsory school attendance law violated the rights of Amish parents to educate their children according to their religious beliefs, emphasizing that the state could not infringe upon deeply held religious convictions without a compelling interest.
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3.3 First Amendment: Freedom of Speech