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.
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.
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.
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.
Bill of Rights Overview
The Bill of Rights is the first 10 amendments to the U.S. Constitution. These amendments guarantee essential rights and civil liberties, such as the freedom of religion, the right to free speech, the right to bear arms, trial by jury, and more, as well as reserving rights to the people and the states. After the Constitutional Convention, the absence of a bill of rights emerged as a central part of the ratification debates. Anti-Federalists, who opposed ratification, pointed to the missing bill of rights as a fatal flaw. Several states ratified the Constitution on the condition that a bill of rights be promptly added. Pop over to the National Constitution Center’s learning module to discover more!
Wisconsin v. Yoder (1972)
Under what conditions does the state’s interest in promoting compulsory education override parents’ First Amendment right to free exercise of religion? This resource is a case summary of Wisconsin v. Yoder, which tested the right of parents to withdraw their child from school for religious reasons.
Good News Club v. Milford Central School (2001)
Is a public school that refuses to let a religious club use its facilities violating the Free Speech Clause of the Constitution? This case summary shows how the Supreme Court answered that question in 2001.
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.
James Madison and the First Amendment
This short video traces the evolution of Madison’s attitude towards the religious liberty guarantees of the First Amendment. Initially opposed to a Bill of Rights as both inappropriate and dangerous, Madison’s views changed as a result of political and philosophical considerations. Professor Jeffry Morrison emphasizes Madison’s belief that religion should play a vital but informal role in the life of the republic.
Gonzales v. O Centro Espirita (2006)
Can the federal government seize a sacramental tea containing a Schedule I substance from a branch of a Brazilian church? This case summary shows how the Supreme Court answered that question in 2006.