The First Amendment has two clauses related to religion: one preventing the government establishment of religion (the establishment clause) and the other protecting the ability to freely exercise religious beliefs (the free exercise clause). Students examine the First Amendment’s Establishment Clause: why it was included in the Bill of Rights, the issues it addresses, and how the Supreme Court has interpreted it over time.
Engel v. Vitale (1962)
Does the recitation of a prayer in public schools violate the Establishment Clause of the First Amendment? A Jewish student sued a New York school board over the daily recitation of a prayer. Middle school level also available.
Elk Grove v. Newdow (2004)
Does a public school policy requiring teachers to lead willing students in reciting the Pledge of Allegiance violate the Establishment Clause? This case summary shows how the Supreme Court answered that question in 2004.
Santa Fe v. Doe (2000)
Does a public school policy permitting student-led, student-initiated prayers at football games violate the Establishment Clause? This case summary shows how the Supreme Court answered this question in 2000.
Van Orden v. Perry (2005)
Does placement of the Ten Commandments on state property in Texas violate the Establishment Clause? This case summary shows how the Supreme Court answers this question in 2005.
Zelman v. Simmons Harris (2002)
Is a Cleveland scholarship program that allows parents to opt to send their children to religious private schools unconstitutional? This case summary shows how the Supreme Court answered this question in 2002.
First Amendment Overview
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 Government for a redress of grievances.
Free Speech Essentials
Do your students know what they’re free to say online? At school? On a public street corner? From censorship to cyberbullying, the First Amendment and the freedoms it protects are as hotly contested as ever. This EDCollection explores 16 free speech debates ranging from the founding of our nation to recent headlines to illustrate what free speech actually means, where it comes from, and how far it can go. Whether you’re a social studies teacher looking for a complete unit or an English teacher looking to spend a single class period on free expression, there’s something for everyone. Free registration required.
Maryland-National Capital Park and Planning Commission v. American Humanist Association (2019)
Does a local government’s display and maintenance of a 40-foot tall Latin cross on public property, established in memory of fallen World War I soldiers, violate the First Amendment’s Establishment Clause? This case summary shows how the Supreme Court answered this question in 2019.
Government Speech Under the First Amendment
This lesson teaches students, through a simulation related to government-sponsored Confederate monuments, about the government-speech doctrine under the First Amendment. In particular, this lesson aims to (1) introduce students to the issue of government speech; (2) teach the doctrine; (3) apply the doctrine in a contemporary context; and (4) critically analyze the doctrine.