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Establishment Clause & Free Exercise Clause:

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Establishment Clause & Free Exercise Clause:

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Establishment clause is an establishment of religion arbitrary interference by the government is the free exercise clause these two are guarantees of the religious freedom, they are protection that are stated & protected by the 14 amendments due process clause,(they apply against the states) " the law provided religious freedom in Virginia by declaring that it could not require any person to protests any set of religious betters"

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Separation of Church & State and “wall of separation”:

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Separation of Church & State and “wall of separation”:

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Separation of church and State implies the operation or  management of the church and the state, as well as formal institutions of the church and the government are constitutionally separated in the country or USA and are not enemies nor strangers. it just simply cannot be together due to the different religions there are.

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Pierce, 1925 is an earlier case that had dealt with a case of religion, yet, not the establishment clause. this case was about a compulsory school attendance lav that required parents to bring their children to a public school to then get rid of all private schools and parachlal schools.

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The lemon test on the lemon case the court held the establishment clause, it was said or is said that it was  designed to prevent sponsor ship, financial support, and active involvement of the sovereign in religious activity. Then the court introduced a three pronged standard, (lemon test)

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Engel, 1962, the court out layed the use of a voluntary basis of a prayer written "almighty god,we acknowledged our dependence upon thee ..."

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In summary, what is the Court’s view of religion in school?

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In summary, what is the Court’s view of religion in school?

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In summary, the courts decision of religion in school is, " cannot sponsor religious exercises, " yet it has not well stated that individuals cannot pray when, as they choose in schools or in any other place. It doesn't state that students cannot study in the text books at school.

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Free Exercise Clause- allow and not allow:

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Free Exercise Clause- allow and not allow:

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Free exercise clause guarantees each person the right to believe in what ever religion or practice they choose. no other law can interfere with this because it is enclosed in the 14 amendment limits are that if government demands no church on  Sundays a has to be done as said. if the church wants to parade advertising their church with banners of public parade they can't.

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Two Fundamental purposes of the guarantees of Free Speech & Press

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Two Fundamental purposes of the guarantees of Free Speech & Press

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In the 1st and 14th Amendments, they serve two fundamentally important purposes, one is the guarantee to each person, free expression, both spoken and written. Secondly, is the guarantee to all persons a big variety discussion of public affairs.

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Libel is false illegal words of printed words. Slander is the false and illegal use of spoken words, or illegal like malicious, used to injure a persons reputation

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Sedition is the crime of acting towards the overthrow of the government, like taking action. Sedition speech is advocating or urging of conduct

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The Smith Act of 1940 was passed by congress one year before world war II. Communist leaders argued that the Smith Act of violated the first Amendment. Smith Act was the ban of crime of the advocate to overthrow the government.

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Yates 1957 , after the communists leaders argued about the Smith Act not dealing with the constitution the Supreme court modified the Dennis. Yates v. United States as an example; Dennis the court overturned Smith Act convictions.

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Symbolic speech; people communicated ideas by their attitude towards things, Ex; facial expressions, or body language, or even clothing or personal wear in general.

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Picketing is patrolling of the business site by workers who are on strike. Picketers inform the public of their controversy and they use persuasion to make them avoid  going or buying stuff from whatever they are going on strike for.

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United States v. O'Brien involved 4 men who burned their draft cards to protest war in Vietnam. The court then convicted them for violating the Federal law.

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Tinker 1969 is a case of symbolic speech. Students at school wore black arm bands to dramatize their opposition to the war in Vietnam. The school suspended them and the court said the school had gone to far because students had the right to free speech.

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Texas v. Johnson, 1989 & U.S. v. Eichman,1990

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Texas v. Johnson, 1989 & U.S. v. Eichman,1990

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Texas v. Johnson, 1989 and the US v. Eichmann 1990 majority ruled the state authorities had violated protesters right to prosecuting under law that forbids "desecration of a venerated object"(Johnson set fire on the American Flag in 1984).

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Prior restraint connects to the 1st and 14th Amendment.They are protections of freedom of expression.

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News reporters and news organizations insist that they must have the right to not speak to protect their jobs /sources. confidentially is the right to not speak of any personal sensitive information you may not want anyone else to know. Shield laws are protections for reporters, just some against having to disclose their job/source.

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Commercial speech is business purposes or advertising. Not all commercial advertising is protected, an Ex; promoting fake news. Abortion services on a newspaper was a 'no' for government

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Obscene material is illegal said by federal and state law. It is not protected by any amendment it is "moral standards varied from time to place and person".

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Miller, 1973 and the three- part test:
The court layed a test to see what the definition of obscenity meant. The court in the past year has only heard a handful of cases involving the question obscenity.

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1st Amendment guarantees the right to people, to peaceably assemble as well as the right to petition the government for a redness of grievances. Constitution protects the right of the people to assemble (express their views/opinions). also protects their right to petition to organize or influence organizations other rights: written petitions letters advertisement, lobbying, parades, & marches.

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Time,place, banner rules - the court held a city restriction of making noise or anything that would disrupt any where wear a school it also included that there are to be no parades hear a court house when it is intended towards them & their procedures. Rules of public peace must be more than reasonable

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Free speed zones- it is quite right for government to limit the place and the time of political speech by calling it free speech zones". They are designated areas, Ex; a section of a side walk. free speech zones were mainly created for No disruption towards the public so it can just stay in one place,not only that but to protect the protesters so no violence can occur.

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Nearly all demonstrations take place on public places; Ex, streets, sidewalks, public buildings, parks, etc. Assemblies are mostly to protest something so there is always some type of conflict. On private property they are not allowed since it is trespassing and disruptive to the owners of it.

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Guarantees like freedom of assembly and petition comes with the right of association the right to join with others to promote anything from political to economic causes, and social. The right is not stated in the constitution.

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"State required Alabama branch of the NAACP to disclosure names of all its members". The NAACP refused and the court ordered for them to be fined $100,000.

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Brown v. Socialist workers campaign committee, a person cannot be required to disclose his/hers political association to practice law. This said, a person cannot be fired from a job because of political association.