1st Amendment
"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 people peaceably to assemble, and to petition the Government for a redress of grievances."
~Examples of Misuse~
Case #1: Van Orden V. Perry
Background: The Fraternal Order of Eagles, a civic organization, gave a monument displaying the Ten Commandments to the state of Texas. The six foot by three foot monument was displayed on the grounds of the state capital in Austin.
Legal Question: Did the display of the Ten Commandments violate the Establishment clause in the First Amendment?
Outcome: By a vote of five to four, the U.S. Supreme Court ruled the display of the monument was constitutional as it represented historical value and not purely religious value.
Case #2: Elk Grove Unified School District V. Newdow
Background: Michael Newdow sued his daughter's school district objecting to the words "under God" in the Pledge of Allegiance.
Legal Question: Are the words "under God" in the Pledge of Allegiance an endorsement of religion and therefore a violation of the establishment clause of the First Amendment?
Outcome: The U.S. Supreme Court ruled the term "under God" does not endorse or establish religion but merely acknowledges the nation's heritage, in particular the role of religion for the Founding Fathers of the U.S. The Pledge is a secular act rather than an act of indoctrination in religion of express religious devotion.
Case #3: Snyder V. Phelps
Background: The Westboro Baptist Church (WBC) picketed the funeral of U.S. Marine Lance Corporal Matthew A. Snyder who was killed in a non-combat related vehicle accident in Iraq. Picketers displayed placards such as "America is doomed," "You're going to Hell," "God hates you." WBC's published statements on its website denounced Snyder's parents for raising their son catholic, stating they, "raised him for the devil." the Snyder family sued WBC for defamation, the infliction of emotional distress, and civil unrest.
Legal Question: Whether the freedom of speech guaranteed in the First Amendment trumps its freedom of religion and peaceful assembly.
Outcome: The Supreme Court ruled in favor of Phelps. Chief Justice John Roberts wrote the majority decision stating "What Westboro said, in context of how and where it chose to say it, is entitled to 'speech protection' under the First Amendment and that protection cannot be overcome by a jury finding that the picketing was outrageous." the court ruled the memorial service was not disturbed as Westboro stayed well away from the memorial service and Snyder could only see the tops of the signs and did not disturb the funeral itself.
Background: The Fraternal Order of Eagles, a civic organization, gave a monument displaying the Ten Commandments to the state of Texas. The six foot by three foot monument was displayed on the grounds of the state capital in Austin.
Legal Question: Did the display of the Ten Commandments violate the Establishment clause in the First Amendment?
Outcome: By a vote of five to four, the U.S. Supreme Court ruled the display of the monument was constitutional as it represented historical value and not purely religious value.
Case #2: Elk Grove Unified School District V. Newdow
Background: Michael Newdow sued his daughter's school district objecting to the words "under God" in the Pledge of Allegiance.
Legal Question: Are the words "under God" in the Pledge of Allegiance an endorsement of religion and therefore a violation of the establishment clause of the First Amendment?
Outcome: The U.S. Supreme Court ruled the term "under God" does not endorse or establish religion but merely acknowledges the nation's heritage, in particular the role of religion for the Founding Fathers of the U.S. The Pledge is a secular act rather than an act of indoctrination in religion of express religious devotion.
Case #3: Snyder V. Phelps
Background: The Westboro Baptist Church (WBC) picketed the funeral of U.S. Marine Lance Corporal Matthew A. Snyder who was killed in a non-combat related vehicle accident in Iraq. Picketers displayed placards such as "America is doomed," "You're going to Hell," "God hates you." WBC's published statements on its website denounced Snyder's parents for raising their son catholic, stating they, "raised him for the devil." the Snyder family sued WBC for defamation, the infliction of emotional distress, and civil unrest.
Legal Question: Whether the freedom of speech guaranteed in the First Amendment trumps its freedom of religion and peaceful assembly.
Outcome: The Supreme Court ruled in favor of Phelps. Chief Justice John Roberts wrote the majority decision stating "What Westboro said, in context of how and where it chose to say it, is entitled to 'speech protection' under the First Amendment and that protection cannot be overcome by a jury finding that the picketing was outrageous." the court ruled the memorial service was not disturbed as Westboro stayed well away from the memorial service and Snyder could only see the tops of the signs and did not disturb the funeral itself.
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