CHAPTERS 19 – 20 - 21

 

SUPREME COURT PRECEDENTS RELATIVE TO THE BILL OF RIGHTS

 

FREEDOM OF RELIGION

 

NO         Is the practice of Polygamy protected

NO         Do Amish have to send their children to school beyond 8th grade?

YES        Do Amish have to be part of Social Security?

YES        Can ministers or religious hold public office?

NO         Can unemployment benefits be denied to individuals who refuse to work on the Sabbath

NO         Can students be compelled to recite the pledge of allegiance

NO         Can life sustaining medical procedures be denied to children based upon religious beliefs

NO         Can children be exposed to venomous snakes as part of a religious experience

NO         Can animal sacrifice be utilized as part of a religious service

               - exception – if the animal is consumed (livestock)

NO         Can peyote be used within a religious service of the Hopi Indians

NO         Can an individual refuse compulsory military service

NO         Refuse to pay taxes by religious groups

 

FREEDOM AGAINST AN ESTABLISHMENT OF RELIGION

 

YES        Can states provide textbooks for private schools (non-sectarian texts)

YES        Can states provide busing for private school students (along proscribed routes)

NO         Can public schools be used for “Release Time” instruction

NO         Can prayer or silent meditation be used in public schools

NO         Can the 10 commandments be posted in a public school classroom

NO         Can states allow the teaching of Creationism

YES        Can municipal funds be used to display religious symbolism as part of a Christmas display

YES        Can states recognize the tax exempt status of church property

NO         Can states mandate that all students attend the public school system

NO         Can the salaries of teachers in private schools be paid for by the state

YES        Can states provide a voucher system to defray the educational costs of parents

YES        Can states provide financial aid to sectarian universities

NO         Can school districts allow access to public property for bible clubs as an extracurricular activity

               - if student sponsored

 

 

FREEDOM OF SPEECH , PRESS AND ASSEMBLY

 

YES        Can libel, Slander and obscenity be regulated by government

YES        Can subversive speech be regulated by government

               - if clear and present danger of substantive evil is imminent

NO         Can government censor

               - except during war, obscene or incites to violence

NO         Do motion pictures, radio, TV enjoy the free speech guarantees of the first amendment

YES        Does commercial speech (advertising) enjoy the protections of the first amendment

YES        Is symbolic speech afforded protection by the first amendment

               - if said symbolic speech does not violate law

               - Burning of draft card - no

               - Wearing “black armbands” to protest war - yes

               - Picketing - yes

               - Flag desecration - yes

NO         Can individuals use Profane gestures targeted at lawful authorities

YES        Can individuals refuse to display state mottoes (walking  or driving billboards)

NO         Can government deny peaceful assemblies

               - right to assemble exists on public as opposed to private property