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1st Amendment

Part 3

QuestionAnswer
Higher Education entitles... "diversity of thought, meaningful discussion and exploration of ideas-popular and unpopular; politically correct and incorrect; and perhaps offensive to some.
1st 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 Govt. for a redress of grievances.
Prohibited Speech - What is the term often used to describe the prohibition of free speech? Censorship
Prohibited Speech - Is "hate speech" permitted or prohibited? Both, the KKK can speak on govt. grounds, but other groups can't.
Don Imus called girls jigaboo's and nappy headed hoes. He was later fired.
ARC Association of Retarded Citizens
Tinker vs. Des Moines (also look at case paper) It can hardly be argued that either students or teachers shed their constitutional right to freedom of speech or expression at the school house gate unless the conduct materially or substantially interferes with the requirements of appropriate discipline.
Bethel School District vs. Fraser (also look at case paper) It is a highly appropriate function of public school education to prohibit the use of vulgar and offensive terms in a public discourse.
Problem area with Religion religion vs. prayer, graduation ceremonies, extracurricular activities.
Other problem areas with Religion In God We Trust (written on all currency); "God Bless America" (said by president after concluding address); one nation, under god (pledge of allegiance); Do you swear to tell the truth so help you god?
Three Tests used to examine religious practices challenged under the 1st Amendment 1.) The Lemon Test 2.) The Coercion Test, 3.) The Endorsement Test
The Lemon Test A govt. practice is unconstitutional if it lacks a secular purpose, its primary effect either advances or inhibits religion, or it exclusively entangles govt. with religion.
Secular Not pertaining to or connected with religion; worldly rather than spiritual.
The Coercion Test Under this test, school sponsored religious activity is analyzed to determine the extent to which it has a coercive effect on students.
Unconstitutional coercion occurs when: The government directs a formal religious exercise in such a way as to oblige the participation of objectors.
The Endorsement Test Seeks to determine if the govt. endorses religion by means of the challenged action. The govt. endorses religion when it conveys a message that religion is favored, preferred or promoted over other beliefs.
Santa Fe vs. Doe (look on case paper) An elected student gave pregame prayers before football games over the announcement system. Argument: speech is private, student speech - not public speech.
Decision from Santa Fe vs. Doe Court found that student initiated pregame prayer on govt. property was unconstitutional and violated 1st Amendment.
Created by: kil4261