6. First Amendment and Civil Rights.docx - Liberties basic freedoms guaranteed to all Rights protection from government abuses Privileges freedoms with

6. First Amendment and Civil Rights.docx - Liberties basic...

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Liberties – basic freedoms guaranteed to all Rights – protection from government abuses Privileges – freedoms with “strings attached,” must meet certain conditions Original Constitutional Rights Few given – habeas corpus, no ex post facto, no bills of attainder, no nobility, jury trials, free movement between states Bill of Rights added specific liberties & rights but at first only applied to federal government (states could make their own restrictions) Selective incorporation – process where Supreme Court has used 14 th amendment to apply the Bill of Rights to the states - one provision & one case at a time Gitlow v. New York (1925) first used 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 assembly, and to petition the government for a redress of grievances .” Freedom of Religion Establishment & Free Exercise Establishment : no state religion, no sponsorship of religion, no financial support of religion, no involvement in religious matters Prevailing wisdom originated from Everson vs. Board of Educ. of Ewing Township (1947) – created a “ wall of separation ” between government and church Lemon v. Kurtzman (1971): 3 part Lemon test Law must have secular purpose Neither advance nor inhibit religion Avoid excessive government entanglement with religion Endorsement Test – government can not endorse one specific religion even if there is no coercion Permissible Students may pray in school buildings Churches may be tax exempt Congress & Court can hire Chaplains and open with prayer “under God” in pledge (9 th & 1 st Circuit upheld, SC denied appeal) Towns may display Christmas Nativities but must have some secular content as well (Reindeer Rule) Parents can get tax breaks on tuition for parochial schooling Can use federal dollars for books, tests, lunches, etc. SC upheld Ohio’s voucher program that allows poor students to go to any (including religious) school with the state government paying $2250 for tuition Not Permissible No devotional activities in schools May not forbid the teaching of evolution in school Can’t force “creation science” to be taught
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Some restrictions to what federal money can be used for at parochial schools Tax credit to only parents who send kids to parochial schools is not allowed (must be offered to all who send kids to private schools) Free Exercise – right to hold any or no religious belief Government can’t restrict belief but can restrict certain practices Reynolds v. U.S.
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  • Fall '17
  • Mr. Dahms
  • Government, First Amendment to the United States Constitution, Fourteenth Amendment to the United States Constitution

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