I. THE FIRST AMENDMENT

"Congress shall make no law respecting an establishment of religion, prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people to petition the government for a redress of grievances."

  1. Who is restricted by the 1st Amendment?
    Barron v. Baltimore, 7 Peters 243(1833).
  2. Freedom of Conscience
    1. Establishment Clause
    2. Free Exercise Clause
  3. Freedom of Expression
    1. Freedom of Speech
    2. Freedom of the Press

I. Establishment Clause

  1. Engle v. Vitale, 260 U.S. 421 (1962).
    2. Offical state approved prayer is an unconstitutional attempt
    by the state to establish a religion. (Justice Hugo Black)
  2. Zorach v. Clauson, 343 U.S. 306 (1952).
    3. "... no constitutional requirement which makes it necessary for government to be hostile to religion, and to throw its weight against efforts to widen the effective scope of religious influence."
    The government may NOT:
    1. FINANCE religious groups directly;
    2. undertake religious instruction;
    3. blend secular and sacred instruction;
    4. use secular institution TO FORCE ... religion on any person: (i.e., freedom FROM religion is protected as well as a freedom OF religion.

  3. Lemon v. Kurtzman, 403 U.S. 602 (1971).
    4. Unconstitution for the state to help pay salaries of teachers hired by parochial schools to give instruction in secular subjects.
    1. The law MUST have a secular purpose.
    2. The law MUST NOT advance or inhibit religion;
    3. The law MUST NOT entangle the government excessively with religion

II. Free Exercise Clause

  1. Reynolds v. U.S., 98 U.S. 145 (1879):
    Government my restrict BEHAVIOR, but not BELIEF.

  2. West Virginia v. Barnette, 319 U.S. 324 (1943):
    "If there s any fixed star in our constitutional constellation, it is that no official, hight or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion, or force citizens to confess by word or act their faith therein. If there are any exception, they do not now occur to us." (Justice Robert H. Jackson)
  3. Wisconsin v. Yoder, 406 U.S. 205 (1972):
    "A neutral law that burdens the free exercise of religion is subject to STRICT SCRUTINY. The government must demonstrate that the law is justified by a 'COMPELLING government interest,' and is the LEAST RESTRICTIVE means for achieving that interest."
  4. Criteria for Free Exercise of Religion:
    1. government may regulate BEHAVIOR, but not belief;
    2. government may not compel EXPRESSION of belief;
    3. government must have a COMPELLING INTEREST;
    4. government must use the LEAST RESTRICTIVE means of regulation.