Freedom of Religion: Free Exercise Clause

Students will examine the protections enshrined in the First Amendment’s Free Exercise Clause. Students will use the Interactive Constitution to examine the Free Exercise Clause’s text and history and how the Supreme Court has interpreted it over time. In this lesson, students compare and contrast the questions, opinions, and dissents in a series of Supreme Court cases to define when the Free Exercise Clause does and does not limit government action.

Grades 10, 11, 12, 5, 6, 7, 8, 9
Foundations of Democracy
Media

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.

Grades 9-12
Foundations of Democracy
Lesson Plans

Freedom of Religion: Establishment Clause

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.

Grades 12, 5, 6, 7, 8, 9, 10, 11
Foundations of Democracy
Media

The Pursuit of Justice

The Pursuit of Justice book, written by Kermit L. Hall and John J. Patrick, analyzes 30 Supreme Court cases chosen by a group of Supreme Court justices and leading civics educators as the most important for American citizens to understand. An additional 100 significant cases included in state history and civics standards are summarized. The complete book or individuals chapters can be downloaded.

Grades 10, 11, 12, 8, 9
Judicial Branch/Supreme Court
Books

You Can’t Say That: In My Opinion

Apply what you learned about constitutional exceptions to the First Amendment by studying a modern situations. Be sure to summarize the facts of the situation and then present your opinion about whether the actions of the individual in the scenario were protected by the First Amendment. If you disagree with the court, school or law enforcement’s decision, be sure to explain why you disagree.

Grades 6-12
Rights and Responsibilities
Lesson Plans

Locke v. Davey (2004)

Does the Free Exercise Clause require states to fund religious instruction if providing merit-based college scholarships for secular instruction? This case summary shows how the Supreme Court answered that question in 2004.

Grades 11, 12, 9, 10
Judicial Branch/Supreme Court
Research (Digests of Primary Sources)

Balancing Religious Freedom and Government Interests

This lesson explores the Supreme Court case Tandon v. Newsom (2021) regarding religious liberty.Throughout the COVID-19 pandemic, the state government of California along with many of its county governments placed restrictions on gatherings of people. One of their regulations had the effect of preventing more than three households gathering together at a time for any in-home prayer and Bible studies. Plaintiffs sued the state, arguing that these restrictions violated the First Amendment since many secular businesses were allowed to have more than three households of people within it at any time, and that therefore religion was being specifically discriminated against. The Supreme Court recently released a per curiam (unsigned) decision concerning the constitutionality of these regulations.

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.

Judicial Branch/Supreme Court
Research (Digests of Primary Sources)