The First Amendments

Freedom of Religion

A guarantee by the government for freedom of belief for individuals and freedom at worship for individuals and groups. Many people think that it is a fundamental human right. The US formally considers religious freedom in its foreign relations.

Key Court Case

Santa Fe Independent School District v. Doe, 530 U.S. 290 (2000)

In Santa Fe, Texas, students elected by their classmates were to give a religious prayer before the football game over the public address system. A number of students argued that prayers were an endorsement of religion, violating the establishment clause. So the students sued the school district. The School District Said that the prayers were a long time tradition in Texas communities and since it came from a student it was considered a student speech and not state sponsored. The court was ultimately not persuaded by the districts arguments. They ultimately found that the student speech was not private, the control school maintained over the content of the student speech registered government preference for religious speech or prayer. The Court decided that the Establishment Clause was upheld and the school district would stop the prayers.

Freedom of Speech

Freedom of Speech is the concept of being able to speak freely without censorship. It is guaranteed under international law through numerous human rights instruments. Free speech promotes the free flow of ideas essential to political democracy and democratic institutes and limits the ability of the state to subtract other rights- freedom. It also promotes a marketplace of ideas.

Key Court Case

Reno v. American Civil Liberties Union, 521 U.S. 844 (1997)

The Communications Decency Act of 1996 was passed in congress and it was designed to protect minors from harmful material on the internet. Two provisions criminalized the display of "indecent" or "patently offensive" online communications. Many groups including the American Civil Liberties union argued that these provisions took away from the first amendment of free speech rights. The government did have the right to protect minors from harmful material but it cannot silence adult free-speech rights simply to protect minors. Finally The Courts Decision was that it did violate the first amendment and by a 7-2 margin the American Civil Liberties Union won.

Freedom of Press

It is a guarantee of free public press for its citizens and their associations extended to members of news gathering organizations, and their published reporting. More than a third of the world's people live in countries where there is a press freedom.

Key Court Case

Mt. Healthy City School District Board of Education v. Doyle, 429 U.S. 274 (1977)

This case