Cultivate loving, kindness, compassion and altruism with dignity
Freedom of religion (1)
Freedom of religion (1)
Freedom of religion (1)
The First Amendment guarantees freedom of religion in two clauses:
- The "establishment" clause prohibits the government from establishing an official church
- The "free exercise" clause allows people to worship as they please
The phrase "separation of church and state" is not in the First Amendment nor in the Constitution. It was coined later by Thomas Jefferson. In 1802, when he was President, he wrote the First Amendment's freedom of religion clause was designed to build "a wall of separation between Church and State."
Court cases that address freedom of religion have dealt with the rejection of prayer in public schools, the denial of aid to parochial schools, the banning of polygamy (the practice of having more than one wife), the restriction of poisonous snakes and drugs in religious rites, and limiting the right to decline medical care for religious purposes.
Freedom of religion (1)
Freedom of religion (1)
Deborah Weisman was a Jewish student who successfully sued her public school district in Rhode Island over a Christian graduation prayer in 1986. In her case, Weisman cited the First Amendment's clause against the state establishing any religion.
Freedom of speech (2) and of the press (3)
Freedom of speech (2) and of the press (3)
Freedom of speech (2) and of the press (3)
Free speech is one of the most cherished liberties, but free speech often conflicts with other rights and liberties. The courts have had to consider the question, "What are the limits of free speech?"
The "clear and present danger" test is a basic principle for deciding the limits of free speech. It was set by the famous Schenck v. the United States case from World War I. Antiwar activist Charles Schenck was arrested for sending leaflets to prospective army draftees encouraging them to ignore their draft notices. The United States claimed that Schenck threatened national security, and the justices agreed. The principle was established that free speech would not be protected if an individual were a "clear and present danger" to United States security.
What is free speech? The definition is not easy, and the courts have identified three types of free speech, each protected at a different level:
- Pure speech is the verbal expression of thoughts and opinions before a voluntary audience. The courts have generally provided strong protection of pure speech from government regulation.
- Speech-plus involves actions, such as demonstrating or protesting, as well as words. Speech-plus is not generally protected as strictly as is pure speech, because actions can be physically dangerous. The courts have ruled that demonstrators may not obstruct traffic, endanger public safety, or trespass illegally.
- Symbolic speech technically involves no speech at all, but it involves symbols that the courts have judged to be forms of free expression. Symbolic actions such as wearing black armbands in school and draft-card burning fit this category. Symbolic speech is highly controversial, and as a rule, the courts have sometimes considered it to be beyond the limits of free speech. However, the Supreme Court did uphold the right of an individual to burn an American flag in the 1989 Texas vs. Johnson decision.
Many of the same principles that apply to freedom of speech apply to the press, but one with special meaning for the press is prior restraint. The courts have ruled that the government may not censor information before it is written and published, except in the most extreme cases of national security.
Freedom of speech (2) and of the press (3)
Freedom of speech (2) and of the press (3)
Manet's Olympia was considered obscene in 1865, but today is considered a masterpiece. As tastes in the arts change, the legal definitions of obscenity and free expression change as well.