1	First Amendment Freedoms Bill of Rights was ratified after the signing of the Constitution in 1791 Selective incorporation- Gitlow v. New York (1925) protected freedom of speech from abridgment by the state/local government Today, only exceptions are Amendments 2,3,7, 10, and grand jury requirements of the Fifth Amendment The History of the Court
2	Freedom of Religion part 1 The establishment clause prohibits the establishment of a state religion Created a strict separation of church and state Lemon v. Kurtzman (1971) Lemon test: 1 Endorsement test 2. Nonpreferential test 3. Strict separation
3	establishment clause part 2 What the establishment clause forbids schools cannot encourage or sponsor Prayer in public schools may not be endorsed by school authorities Prayer in school is legal Parochial school aid- Lemon test, aid must have a secular purpose, Tax funds cannot be used in religious schools to pay teachers
4	Freedom of Religion part 3 The Free exercise clause Right to hold any or no religious belief is one of our few absolute rights The “free exercise” clause does not allow discrimination on a religious belief systems rather than adherence to a formal creed
5	Nonprotected and Protected Speech Today the Supreme Court holds that only four narrow categories of speech-libel, obscenity, fighting words, and commercial speech-are nonprotected speech How we prove libel, how we define obscenity, how we determine which words are fighting words, and how much commercial speech may be regulated remain hotly contested issues.
6	Nonprotected and Protected Speech II “Freedom of Speech” most controversial freedom The clear and present danger test- yelling “fire” in a crowed theater Hate-speech codes at a university Insulting racial remarks in public Insulting sexual remarks in public
7	Unprotected Speech Libel-written Sedition Act of 1789- speak critically about Congress or the President Led to a popular reaction against the Federalists Seditious speech, if narrowly defined to cover only the advocacy of immediate and concrete acts of violence, is not constitutionally protected New York Times v. Sullivan –public persons (actual malice)," statements were made with a knowing or reckless disregard for the truth”-private persons without proving actual malice Obscenity not entitled to constitutional protection