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Freedom of religion is a
political principle that strives to forbid government constraint on people's
choices of beliefs. It requires also that people be free to act upon their
beliefs. Religious freedom includes the freedom to worship, to print
instructional material, to train teachers and to organize groups for their
employment and schools in which to teach, including religion.
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The first sixteen words of the First Amendment to the
Constitution deal with freedom of religion.
These words reflect the deep concern that the founders of The American nation
had about the relationship between church and state, and about the right of
individuals to practice their religion freely. Many of the colonists fled
religious persecution in their former countries and cherished their right to
worship, as they believed in their new country.
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Religious freedom is protected
by two clauses in the First Amendment: the establishment clause and the free
exercise clause. The establishment clause reads: "Congress shall make no
law respecting any establishment of religion." It has been interpreted to
mean that the government is prohibited from setting up a state religion. It
also prohibits the government from endorsing or supporting religion and from
showing preference to any particular religion. The establishment clause
requires a complete separation of church and state.
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Cases involving the
establishment clause have been among the most controversial to reach the
Supreme Court of the U.S. They are particularly complex when they involve aid to
parochial schools or prayer in public schools. Over the years, the Court has
approved some forms of aid to parochial school students and their parents (for
example, bus transportation, loan of textbooks). However, the aid may not
include direct financial assistance to a religious institution or its
instructors. The Court has held that public school-sponsored prayer violates
the establishment clause. Even voluntary school-sponsored prayer (or
school-sponsored daily Bible reading or recitation of the Lord's Prayer) has
been found to be unconstitutional.
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The free exercise clause in the
First Amendment protects the right of individuals to worship as they choose. It
prohibits the Congress from passing any law prohibiting the "free exercise
thereof." The clause should not be interpreted to mean absolute right to a
course of conduct just because it is permitted by one's religion. The Supreme
Court has held that religious freedom must give way to reasonable restrictions
that have been adopted to protect the health, safety and convenience of the
entire community.
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The establishment and free
clauses are closely related and often come into conflict. Ensuring that a law
does not establish a religion can interfere with free exercise of religion and
sometimes with freedom of speech. Consider the case of evangelical Christian
student group at a state university which applied for funding for its student
publication. The university funded other student groups through this funding
process. In order to avoid what it feared might become establishment of
religion issue (by funding religious publication), the university refused the
funding request. In 1995, the Supreme Court said that the university had to
treat religious and nonreligious activities equally for funding purposes. The
Court held that failure to treat religious publication equally was a violation
of freedom of speech.
Learn more about freedom of religion by visiting
the following Web sites:
Historic Supreme Court Decisions
FREEDOM OF SPEECH AND FREEDOM OF PRESS
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The First Amendment to the
U.S. Constitution, says that "Congress
shall make no law....abridging (limiting) the freedom of speech, or of the
press..." Freedom of speech is the liberty to speak openly without fear of
government restraint. It is closely linked to freedom of the press because this
freedom includes both the right to speak and the right to be heard. In the
United States, both the freedom of speech and freedom of press are commonly
called freedom of expression.
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The First Amendment's
protection of speech and expression is central to the concept of American
democracy. The core purpose of the freedom of speech is self-governance:
enabling people to obtain information from a diversity of sources, make
decisions, and communicate those decisions to the government. Beyond the
political purpose of free speech, the First Amendment provides American people
with a "marketplace of ideas." Rather than having the government
establish and dictate the truth, freedom of speech enables the truth to emerge
from diverse opinions
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While the language of the First
Amendment appears absolute, freedom of speech is not an absolute right. Certain
limitations and restrictions apply. Conflicts involving freedom of expression
are among the most difficult ones that courts are asked to resolve. Free speech
cases frequently involve a clash of fundamental values. For example, how should
the law respond to a speaker who makes unpopular statement to which the
listeners react violently? Should police arrest the speaker or try to control
the crowd? Courts must balance the need for peace and order against the
fundamental right to express ones point of view.
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Freedom of speech does not
protect:
Speech that contains
"fighting words" (insulting or abusive language that is likely to cause
"an immediate violent response");
Obscenities;
Language or communication
directed to inciting, producing or urging the commission of a crime;
Defamation - words or
communication that are false and untrue and are intended to injure the
character and reputation of another person;
Abusive, obscene or harassing
telephone calls;
Loud speech and loud noise
meant by volume to disturb others or to create a clear and present danger of
violence.
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Freedom of the press protects
the right to obtain and publish information or opinions without government
censorship or fear of punishment. Censorship occurs when the government
examines publications and productions and prohibits the use of material it
finds offensive. Freedom of press applies to all types of printed and broadcast
material, including books, newspapers, magazines, pamphlets, films and radio
and television programs.
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The Constitution's framers
provided the press with broad freedom. This freedom was considered necessary to
the establishment of a strong, independent press sometimes called "the
fourth branch" of the government. An independent press can provide
citizens with a variety of information and opinions on matters of public
importance. However, freedom of press sometimes collides with other rights,
such as a defendant's right to a fair trial or a citizen's right to privacy. In
recent years, there has been increasing concern about extremely aggressive
journalism, including stories about people's sexual lives and photographs of
people when they were in a private setting.
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It would be incorrect to assume
that governments do not have any control over freedom of press. This control
can be exercised in preventing the press from publishing information, keeping
the press from obtaining the information, and forcing the press to disclose
information. In the U.S. and most other democratic countries, these forms of
control are very limited. However, the government may indirectly prohibit publishing
by punishing those who publish materials considered seditious, libelous or
obscene. Also, the government may deny the public access to information
affecting national defense or foreign policy, personnel and medical files,
trade secrets, investigation records, and other confidential information. Under
some circumstances the government can also require the press to disclose
information (for example, information about a crime).
Learn more
about freedom of speech and freedom of press by visiting the following Web
sites:
American Communication Association Free Speech Page
Freedom of Speech and Freedom of the Press
Historic Supreme Court Decisions - Freedom of Speech
Historic
Supreme Court Decisions - Freedom of Press
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The right to peaceful assembly
involves the right of people to assemble in public places. People are entitled
to assemble and to speak and be heard, as long as they remain nonviolent.
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This right is guaranteed
against unreasonable federal and state restrictions and interference. However,
local authorities may properly require that large rallies and parades be held
only after the police department has been notified. They may also require
permits, as long as the requirement is a general one that all organizations
must meet.
Historic Supreme Court Decisions