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2: First Amendment Freedom of Religion

Focus on Freedom of Religion

Protection under the First Amendment

  • Ensures individuals can practice their religion freely or choose not to practice any religion, without government retribution.
  • Not absolute; balanced against other societal interests.

Key Supreme Court Cases

  • Wisconsin v. Yoder (1972): Compulsory high school attendance was ruled to violate the Amish community's free exercise of religion.
  • Reynolds v. United States (1878): Upheld federal regulation of marriage, specifically against polygamy, but did not extend to regulating religious beliefs.

Establishment Clause

  • Prohibits the government from establishing an official religion or preferring one religion over another.
  • Supports the separation of church and state.
  • Exceptions have included government subsidies for schools with general religious education.

Other Key Freedoms in the First Amendment

Freedom of Speech

  • Protects the right to express opinions, fostering a functioning democracy.

Freedom of the Press

  • Allows for free dissemination of information, enabling the press to report on issues and act as a watchdog.

Peaceful Assembly

  • Enables individuals to gather and express opinions, essential for effecting change.

Petitioning the Government

  • Allows for voicing complaints and seeking redress, holding the government accountable.

The Lemon Test

  • A three-part test to determine if a government action violates the Establishment Clause:
    1. Must have a secular purpose.
    2. Should not advance or inhibit religion.
    3. Must avoid excessive government entanglement with religion.

Illustrative Supreme Court Cases

Engel v. Vitale (1962)

  • Addressed school sponsorship of religious activities, ruling that school prayer violated the Establishment Clause.

Yoder Case Revisited

  • Emphasizes the right to religious practice, reaffirming the balance between individual liberties and societal interests.