Abington School District v. Schempp- America's Godly Heritage Video 1
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Questions and Answers

What is the main issue in the Schempp case?

  • The Due Process Clause
  • The Establishment Clause (correct)
  • The First Amendment
  • The Fourteenth Amendment

    • The Schempp family is of the Catholic faith.

    False

    What is the name of the school that the Schempp children attend?

    Abington Senior High School

    The Schempp children attend school in the _________ District of Pennsylvania.

    <p>Eastern</p> Signup and view all the answers

    Match the following Bible versions with their descriptions:

    <p>King James version = Circulated to each teacher by the school district Douay version = Another version used during the exercises Revised Standard version = Another version used during the exercises Jewish Holy Scriptures = Used by the Jewish faith</p> Signup and view all the answers

    What is the time of the opening exercises at the Abington Senior High School?

    <p>8:15-8:30 a.m.</p> Signup and view all the answers

    The Schempp family sought to enjoin enforcement of the statute in the Supreme Court.

    <p>False</p> Signup and view all the answers

    What is the title of the prayer recited during the opening exercises?

    <p>The Lord's Prayer</p> Signup and view all the answers

    The Schempp family brought suit to enjoin enforcement of the statute, contending that their rights under the _________ Amendment are violated.

    <p>Fourteenth</p> Signup and view all the answers

    Who supervises the opening exercises at the Abington Senior High School?

    <p>A teacher</p> Signup and view all the answers

    What Amendment makes the provision of the First Amendment applicable to the States?

    <p>Fourteenth Amendment</p> Signup and view all the answers

    According to the First Amendment, Congress can make a law respecting an establishment of religion.

    <p>False</p> Signup and view all the answers

    What is the purpose of the provision in the First Amendment regarding religion?

    <p>To prevent the establishment of religion and to ensure the free exercise of religion.</p> Signup and view all the answers

    The First Amendment declares that 'Congress shall make no law respecting an establishment of _______________, or prohibiting the free exercise thereof....'

    <p>religion</p> Signup and view all the answers

    Match the following amendments with their corresponding provisions:

    <p>First Amendment = Prevents establishment of religion and ensures free exercise of religion Fourteenth Amendment = Makes the provision of the First Amendment applicable to the States Second Amendment = Right to bear arms Fifth Amendment = Due process and protection against self-incrimination</p> Signup and view all the answers

    State laws or school boards can require that passages from the Bible be read or that the Lord's Prayer be recited in public schools.

    <p>False</p> Signup and view all the answers

    Who delivered the opinion of the Court in this case?

    <p>MR. JUSTICE CLARK</p> Signup and view all the answers

    What was the court's view on the Bible's value?

    <p>Moral, historical, and literary value</p> Signup and view all the answers

    The reading of the Bible in schools is not compelled by law.

    <p>False</p> Signup and view all the answers

    What was the intention of the Commonwealth according to the record?

    <p>To introduce a religious ceremony into the public schools of the Commonwealth.</p> Signup and view all the answers

    The petitioners, Mrs. Madalyn Murray and her son, William J. Murray III, are both professed _______________________.

    <p>atheists</p> Signup and view all the answers

    Match the following legal documents/documents with their corresponding descriptions:

    <p>Annotated Code of Maryland, Art. 77, § 202 = Rule adopted by the Board of School Commissioners of Baltimore City Section 1516 = Requires the exercises to be held every school day in every school in the Commonwealth 177 F.Supp. 398, 401-402 = Trial court's findings of fact 201 F.Supp. at 819 = Record demonstrating the intention of the Commonwealth 228 Md. 239, 179 A. 2d 698 = Maryland Court of Appeals' decision 371 U.S. 809 = Certiorari granted</p> Signup and view all the answers

    What was the primary content of the morning exercises in the schools?

    <p>Reading from the Holy Bible</p> Signup and view all the answers

    What was the result of Mrs. Murray's attempts to have the rule rescinded?

    <p>Unsuccessful attempts</p> Signup and view all the answers

    The Lord's Prayer was recited in unison by the pupils _______________________.

    <p>immediately after the Bible reading</p> Signup and view all the answers

    What two concepts does the Amendment embrace?

    <p>Freedom to believe and freedom to act</p> Signup and view all the answers

    The First Amendment allows the state to favor religions over non-believers.

    <p>False</p> Signup and view all the answers

    What is the purpose of the dual prohibition in the First Amendment?

    <p>To secure the free exercise of religious activity and to prevent the state from undertaking or sustaining it in any form or degree.</p> Signup and view all the answers

    The Court, through MR.JUSTICE BLACK, stated that the 'scope of the First Amendment...was designed forever to ___________' the establishment of religion or the prohibition of the free exercise thereof.

    <p>suppress</p> Signup and view all the answers

    Who wrote a comprehensive and scholarly concurrence in McCollum v.Board of Education?

    <p>Mr. Justice Frankfurter</p> Signup and view all the answers

    The First Amendment permits exceptions to the separation of Church and State.

    <p>False</p> Signup and view all the answers

    The First Amendment reflects the philosophy that ___________ and State should be separated.

    <p>Church</p> Signup and view all the answers

    Match the justices with the cases they wrote a concurrence or opinion in:

    <p>Mr. Justice Black = Everson v. Board of Education Mr. Justice Frankfurter = McCollum v. Board of Education Mr. Justice Douglas = Zorach v. Clauson Mr. Justice Reed = McCollum v. Board of Education</p> Signup and view all the answers

    What is the purpose of the separation of Church and State according to Mr. Justice Frankfurter?

    <p>To prevent the Government from becoming embroiled in religious conflicts.</p> Signup and view all the answers

    In which year did the Court decide the case of Zorach v. Clauson?

    <p>1952</p> Signup and view all the answers

    What was the purpose of the expert testimony introduced by both appellants and appellees at the first trial?

    <p>To explain the differences between Jewish and Christian Holy Scriptures</p> Signup and view all the answers

    The Bible reading and the recitation of the Lord's Prayer were conducted by the home-room teacher, who chose the text of the verses and read them herself.

    <p>True</p> Signup and view all the answers

    What was the concern of Edward Schempp regarding his children's participation in the Bible reading exercises?

    <p>He believed that their relationships with their teachers and classmates would be adversely affected.</p> Signup and view all the answers

    The students and parents were advised that the student may ________________________ from the classroom or, should he elect to remain, not participate in the exercises.

    <p>absent himself</p> Signup and view all the answers

    Match the following experts with their statements:

    <p>Dr. Solomon Grayzel = The phrase 'nonsectarian' meant to him nonsectarian within the Christian faiths. Dr. Luther A. Weigle = Reading of the Holy Scriptures to the exclusion of the New Testament would be a sectarian practice.</p> Signup and view all the answers

    What was the result of Dr. Grayzel's observation of Jewish children who were exposed to portions of the New Testament without explanation?

    <p>They were psychologically harmed and a divisive force was created within the social media of the school</p> Signup and view all the answers

    The students were required to participate in the Bible reading exercises.

    <p>False</p> Signup and view all the answers

    The students would recite the ________________________ to the Flag by the class in unison after the Bible reading exercises.

    <p>Pledge of Allegiance</p> Signup and view all the answers

    What was the main difference between the Jewish and Christian Holy Scriptures, according to Dr. Grayzel?

    <p>The absence of the New Testament in the Jewish Holy Scriptures.</p> Signup and view all the answers

    What is the main purpose of the Establishment Clause according to the Court?

    <p>To prevent the government from establishing an official religion</p> Signup and view all the answers

    The First Amendment only bars a congressional enactment establishing a church.

    <p>False</p> Signup and view all the answers

    What is the result of a union of government and religion according to the Court?

    <p>It tends to destroy government and to degrade religion.</p> Signup and view all the answers

    The Court has given the First Amendment a _______________________ interpretation in the light of its history and the evils it was designed forever to suppress.

    <p>broad</p> Signup and view all the answers

    Match the following clauses with their descriptions:

    <p>Establishment Clause = Forbids the government from establishing an official religion Free Exercise Clause = Guarantees the right of every person to freely choose their own course with reference to religion</p> Signup and view all the answers

    The Court can force a person to profess a belief or disbelief in any religion.

    <p>False</p> Signup and view all the answers

    What is the result of government allying itself with one particular form of religion?

    <p>It incurs the hatred, disrespect, and even contempt of those who hold contrary beliefs</p> Signup and view all the answers

    What is the value recognized by the Free Exercise Clause?

    <p>The value of religious training, teaching, and observance, and the right of every person to freely choose their own course with reference to religion.</p> Signup and view all the answers

    The First Amendment, in its final form, did not simply bar a congressional enactment establishing a _______________________; it forbade all laws respecting an establishment of religion.

    <p>church</p> Signup and view all the answers

    The two clauses of the First Amendment, the Establishment Clause and the Free Exercise Clause, never overlap.

    <p>False</p> Signup and view all the answers

    What is the main concept embodied in the Fourteenth Amendment?

    <p>Liberty embodied in the First Amendment</p> Signup and view all the answers

    The Establishment Clause only forbids governmental preference of one religion over another.

    <p>False</p> Signup and view all the answers

    What is the purpose of the First Amendment, according to Mr. Justice Jackson's dissent in Everson?

    <p>To take every form of propagation of religion out of the realm of things which could directly or indirectly be made public business, and thereby be supported in whole or in part at taxpayers' expense.</p> Signup and view all the answers

    The First Amendment declares that Congress shall make no law respecting an establishment of religion, or _________ thereof.

    <p>prohibiting the free exercise</p> Signup and view all the answers

    Match the following Supreme Court cases with their corresponding year:

    <p>Cantwell v. Connecticut = 1940 Everson v. Board of Education = 1947 McGowan v. Maryland = 1961 Torcaso v. Watkins = 1961</p> Signup and view all the answers

    What is the main objective of the Establishment Clause, according to Mr. Justice Rutledge?

    <p>To create a complete and permanent separation of the spheres of religious activity and civil authority</p> Signup and view all the answers

    The First Amendment only applies to the Federal Government, not to the States.

    <p>False</p> Signup and view all the answers

    What is the double aspect of the inhibition of legislation, according to Mr. Justice Roberts in Cantwell v. Connecticut?

    <p>It forestalls compulsion by law of the acceptance of any creed or the practice of any form of worship, and safeguards the free exercise of the chosen form of religion.</p> Signup and view all the answers

    The Fourteenth Amendment has rendered the legislatures of the states as _________ as Congress to enact laws respecting an establishment of religion.

    <p>incompetent</p> Signup and view all the answers

    What is the primary purpose of the Free Exercise Clause?

    <p>To secure religious liberty in the individual by prohibiting any invasions thereof by civil authority</p> Signup and view all the answers

    The Establishment Clause violation requires coercion.

    <p>False</p> Signup and view all the answers

    What is the distinction between the Establishment Clause and the Free Exercise Clause?

    <p>A violation of the Free Exercise Clause is predicated on coercion, while the Establishment Clause violation need not be so attended.</p> Signup and view all the answers

    The Establishment Clause withdraws all legislative power respecting religious _______ or the expression thereof.

    <p>belief</p> Signup and view all the answers

    What is the purpose of the opening exercises in public schools, according to the State?

    <p>All of the above</p> Signup and view all the answers

    The Bible is used as an instrument for nonreligious moral inspiration in the opening exercises.

    <p>False</p> Signup and view all the answers

    What is the finding of the trial court regarding the opening exercises in No. 142?

    <p>The opening exercises are a religious ceremony, and were intended by the State to be so.</p> Signup and view all the answers

    Match the following clauses with their descriptions:

    <p>Establishment Clause = Withdraws all legislative power respecting religious belief or the expression thereof Free Exercise Clause = Secures religious liberty in the individual by prohibiting any invasions thereof by civil authority</p> Signup and view all the answers

    The State's recognition of the pervading religious character of the ceremony is evident from the rule's specific permission of the alternative use of the _______ version of the Bible.

    <p>Catholic Douay</p> Signup and view all the answers

    What is the primary issue in the Schempp case?

    <p>The constitutionality of requiring religious exercises in public schools</p> Signup and view all the answers

    The State may establish a "religion of secularism" in public schools.

    <p>False</p> Signup and view all the answers

    What is the main purpose of the provision in the First Amendment regarding religion?

    <p>To maintain strict neutrality, neither aiding nor opposing religion.</p> Signup and view all the answers

    The First Amendment prohibits the government from making a law respecting the ______ of religion.

    <p>establishment</p> Signup and view all the answers

    What is the role of the State in the relationship between man and religion?

    <p>To maintain strict neutrality</p> Signup and view all the answers

    The majority has the right to use the machinery of the State to practice its beliefs.

    <p>False</p> Signup and view all the answers

    The Free Exercise Clause prohibits the use of state action to deny the rights of free exercise to ______.

    <p>anyone</p> Signup and view all the answers

    Match the following with their descriptions:

    <p>Neutrality = The government's stance on religion Free Exercise = The right to practice one's beliefs Establishment Clause = The prohibition on establishing a national religion</p> Signup and view all the answers

    What is the purpose of the Bill of Rights, according to Mr. Justice Jackson?

    <p>To withdraw certain subjects from the vicissitudes of political controversy, to place them beyond the reach of majorities and officials, and to establish them as legal principles to be applied by the courts.</p> Signup and view all the answers

    What percentage of the US population had church membership according to the 1962 survey?

    <p>64%</p> Signup and view all the answers

    The Founding Fathers did not believe in a Supreme Being.

    <p>False</p> Signup and view all the answers

    What phrase is invoked at the end of the oath of office in the US?

    <p>So help me God</p> Signup and view all the answers

    The fact that the Founding Fathers believed in a Supreme Being is evidenced in their writings, from the ______________________ Compact to the Constitution itself.

    <p>Mayflower</p> Signup and view all the answers

    Who is quoted as saying that the people of the US are 'earnestly praying...that the Supreme Lawgiver of the Universe...guide them into every measure which may be worthy of his [blessing...]?'

    <p>Madison</p> Signup and view all the answers

    The US has a single state-sponsored religion.

    <p>False</p> Signup and view all the answers

    What is the ideal of the US people as to religious freedom, according to Judge Alphonso Taft?

    <p>Absolute equality before the law, of all religious opinions and sects.</p> Signup and view all the answers

    The US government is ______________________, and, while protecting all, it prefers none, and it disparages none.

    <p>neutral</p> Signup and view all the answers

    Match the following historical figures with their roles:

    <p>Roger Williams = Early advocate for religious freedom Madison = Author of the quote 'earnestly praying...that the Supreme Lawgiver of the Universe...guide them into every measure which may be worthy of his [blessing...]?' Jefferson = Author of the Declaration of Independence Alphonso Taft = Judge who stated the ideal of the US people as to religious freedom</p> Signup and view all the answers

    The US government has always realized the liberty of religious opinion.

    <p>False</p> Signup and view all the answers

    What is the main purpose of the Establishment Clause according to the Court?

    <p>To prevent the establishment of religion</p> Signup and view all the answers

    The First Amendment permits exceptions to the separation of Church and State.

    <p>False</p> Signup and view all the answers

    What was the concern of Edward Schempp regarding his children's participation in the Bible reading exercises?

    <p>He was concerned about the religious exercises and their impact on his children.</p> Signup and view all the answers

    The Court, through MRJUSTICE BLACK, stated that the 'scope of the First Amendment...was designed forever to ___________________' the establishment of religion or the prohibition of the free exercise thereof.

    <p>preclude</p> Signup and view all the answers

    Match the following clauses with their descriptions:

    <p>Establishment Clause = Prohibits the establishment of religion Free Exercise Clause = Protects the free exercise of religion</p> Signup and view all the answers

    What is the result of a union of government and religion according to the Court?

    <p>It leads to tyranny and oppression</p> Signup and view all the answers

    What is the main goal of the Establishment Clause?

    <p>To ensure individual religious freedom</p> Signup and view all the answers

    The First Amendment allows the state to favor religions over non-believers.

    <p>False</p> Signup and view all the answers

    What is the purpose of the dual prohibition in the First Amendment?

    <p>To separate Church and State and prohibit the prohibition of the free exercise of religion.</p> Signup and view all the answers

    The First Amendment declares that 'Congress shall make no law respecting an establishment of _______________, or prohibiting the free exercise thereof....'

    <p>religion</p> Signup and view all the answers

    Match the following clauses with their corresponding descriptions:

    <p>Establishment Clause = Prevents the government from establishing a national religion Free Exercise Clause = Protects individuals' right to practice their religion freely Due Process Clause = Ensures that individuals' rights are protected by fair procedures</p> Signup and view all the answers

    What is the effect of the Establishment Clause on the relationship between the church and the state?

    <p>It separates the church and the state</p> Signup and view all the answers

    The Bible in the Common Schools was published in 1870.

    <p>True</p> Signup and view all the answers

    What is the significance of the Gitlow v. New York case in 1925?

    <p>It established that freedom of speech and of the press are among the fundamental personal rights and &quot;liberties&quot; protected by the due process clause of the Fourteenth Amendment from impairment by the States.</p> Signup and view all the answers

    Judge Taft's views, expressed in dissent, prevailed on appeal in the case of _______________________.

    <p>Board of Educational of Cincinnati v. Minor</p> Signup and view all the answers

    In which year was the action brought in the Schempp case?

    <p>1958</p> Signup and view all the answers

    The Schempp family was Catholic.

    <p>False</p> Signup and view all the answers

    What was the concern of Edward Schempp, the children's father?

    <p>His children would be labeled as odd balls, and atheism would be associated with un-American or anti-Red.</p> Signup and view all the answers

    TheDouay version of the Bible may be used by those pupils who prefer it in the _______________________ exercises.

    <p>opening</p> Signup and view all the answers

    Match the following colonial facts with their descriptions:

    <p>At least eight original colonies = Had established churches Some colonies = Had various degrees of religious support The Revolutionary War = Had established churches</p> Signup and view all the answers

    The Schempp family's children were excused from the Bible reading upon their request.

    <p>False</p> Signup and view all the answers

    What is the main issue in the context of the Establishment Clause?

    <p>The separation of Church and State</p> Signup and view all the answers

    What was the consequence of the Schempp children being excused from the Bible reading?

    <p>All of the above</p> Signup and view all the answers

    The State can finance a church's religious activities without violating the Establishment Clause.

    <p>False</p> Signup and view all the answers

    What did the trial court summarize about Edward Schempp's testimony?

    <p>His reasons for not wanting his children to be excused from the Bible reading.</p> Signup and view all the answers

    The Schempp case was remanded to the Court of Appeals of _______________________ for further proceedings.

    <p>Maryland</p> Signup and view all the answers

    What is the primary concern of the Establishment Clause?

    <p>Neutrality between individual, church, and state</p> Signup and view all the answers

    The Establishment Clause prohibits the State from making a law respecting an establishment of _______________.

    <p>religion</p> Signup and view all the answers

    The statute imposes a penalty upon a teacher refusing to obey its mandate.

    <p>False</p> Signup and view all the answers

    Match the following principles with their descriptions:

    <p>Separation of Church and State = The principle that the government should not establish or favor a particular religion Religious Liberty = The freedom to practice or not practice a religion Neutrality = The idea that the government should not take sides in religious matters</p> Signup and view all the answers

    The amount of public funds expended is the controlling factor in determining whether the Establishment Clause is violated.

    <p>False</p> Signup and view all the answers

    What is the result of the State financing a church's religious activities?

    <p>The church is strengthened in its proselytizing efforts</p> Signup and view all the answers

    The Establishment Clause is not limited to precluding the State itself from conducting _______________.

    <p>religious exercises</p> Signup and view all the answers

    What is the primary concern of the First Amendment?

    <p>The separation of Church and State</p> Signup and view all the answers

    The First Amendment allows the State to favor religions over non-believers.

    <p>False</p> Signup and view all the answers

    Study Notes

    The First Amendment and the Establishment Clause

    • The First Amendment prohibits the establishment of religion by Congress, and this provision is applicable to the States through the Fourteenth Amendment.
    • The Establishment Clause prohibits the government from making laws that respect an establishment of religion, or prohibiting the free exercise of religion.

    Abington School District v. Schempp (1963)

    • The Supreme Court case that led to the prohibition of Bible readings and the Lord's Prayer in public schools.
    • The case involved a Pennsylvania law that required public schools to start each day with readings from the Bible, and the Lord's Prayer.
    • The Court held that the practices were unconstitutional under the Establishment Clause, as they violated the principles of separation between church and state.

    Facts of the Case

    • The Schempp family, Unitarians, brought suit to enjoin the enforcement of the Pennsylvania law, claiming that it violated their rights under the Fourteenth Amendment.
    • The family testified that the Bible readings and the Lord's Prayer were offensive to their religious beliefs, and that they preferred to have their children excused from the exercises.
    • Expert testimony was introduced, which showed that the Bible readings could be psychologically harmful to Jewish children, and that the practices preferred Christianity over other religions.

    Ruling of the Court

    • The Court held that the practices were unconstitutional, as they violated the Establishment Clause and the principles of separation between church and state.
    • The Court noted that the government's neutrality in religious matters is essential to the protection of religious freedom.

    History of Religious Freedom in the United States

    • The United States has a long history of religious freedom, dating back to the colonial era.
    • The Founding Fathers believed in the importance of religious freedom, and it is reflected in the Constitution and the Bill of Rights.
    • The country has a diverse population with many different religious beliefs, and the government's neutrality in religious matters is essential to the protection of religious freedom.

    Previous Cases

    • Cantwell v. Connecticut (1940): The Supreme Court held that the First Amendment's protection of religious freedom applies to the states through the Fourteenth Amendment.

    • Everson v. Board of Education (1947): The Court held that the Establishment Clause prohibits the government from aiding one religion over another, or from preferring one religion over another.

    • Illinois ex rel. McCollum v. Board of Education (1948): The Court held that the government cannot prefer one religion over another, or aid one religion over another.

    • Zorach v. Clauson (1952): The Court held that the government's neutrality in religious matters is essential to the protection of religious freedom.### Separation of Church and State

    • The concept of separation of church and state is to prevent the establishment of religion and ensure the free exercise of religion.

    • This principle is absolute and prohibits the government from aiding or opposing religion.

    Establishment Clause

    • The Establishment Clause prohibits the government from establishing an official religion.
    • The clause does not allow the government to favor one religion over another or to aid all religions.
    • It ensures that the government remains neutral in its relations with religious groups and non-believers.

    Free Exercise Clause

    • The Free Exercise Clause guarantees the right to freely choose one's religion and to practice it without government interference.
    • The clause prohibits the government from coercing individuals to profess a belief or disbelief in any religion.
    • It ensures that the government does not restrain individuals from exercising their religious beliefs.

    History of the Establishment Clause

    • The Establishment Clause was intended to prevent the government from becoming embroiled in religious conflicts.
    • The clause prohibits the government from establishing an official religion and ensures that the government remains neutral.
    • The government's neutrality is essential to prevent the hatred, disrespect, and contempt of those who hold contrary beliefs.

    Reaffirmation of the Establishment Clause

    • The Supreme Court has consistently reaffirmed the principles of the Establishment Clause.
    • The Court has held that the clause prohibits the government from enacting laws that establish an official religion.
    • The Court has also held that the clause prohibits the government from aiding or opposing religion.

    Key Cases

    • Cantwell v. Connecticut (1940): The Court held that the Establishment Clause and the Free Exercise Clause are intertwined.
    • Everson v. Board of Education (1947): The Court held that the Establishment Clause prohibits the government from aiding or opposing religion.
    • McGowan v. Maryland (1961): The Court held that the Establishment Clause prohibits the government from enacting laws that establish an official religion.
    • Torcaso v. Watkins (1961): The Court held that the government cannot force a person to profess a belief or disbelief in any religion.
    • Engel v. Vitale (1962): The Court held that the government cannot compose official prayers for any group of people to recite.

    Application of the Establishment Clause

    • The Establishment Clause prohibits the government from requiring religious exercises in public schools.
    • The clause prohibits the government from requiring the reading of the Bible or the recitation of the Lord's Prayer in public schools.
    • The government must remain neutral in its relations with religious groups and non-believers.

    Conclusion

    • The Establishment Clause and the Free Exercise Clause are essential to ensure the separation of church and state.
    • The government must remain neutral in its relations with religious groups and non-believers.
    • The principles of the Establishment Clause have been consistently reaffirmed by the Supreme Court.### Historical Context of Church and State
    • At least 8 of the original 13 colonies had established churches, and some had religious support until the Revolutionary War.
    • The concept of liberty of conscience was debated, with the idea that people of different faiths should not be forced to participate in ship prayers or worship.

    Judge Taft's Views on Religion in Schools

    • In 1870, Judge Taft expressed that religion is a private interest, outside the province of government, and that the government should not interfere with religious practices.
    • This view was upheld by the Ohio Supreme Court in 1872, stating that the government should not interfere with individual interests, including religion.

    Application of the First Amendment

    • The First Amendment protects freedom of speech and the press from government abridgment.
    • Almost 40 years ago, the Court held that freedom of speech and the press are among the fundamental personal rights and liberties protected by the Due Process Clause of the Fourteenth Amendment.

    Standing to Challenge State Action

    • To challenge state action under the Establishment Clause, parties must show that they have standing, which includes being directly affected by the laws and practices being challenged.
    • In this case, the parties are school children and their parents, who are directly affected by the laws and practices in question.

    The Establishment Clause

    • The Establishment Clause serves the goal of individual religious freedom, written in different terms than the Free Exercise Clause.
    • Establishment of religion can be achieved in several ways, including the church and state being one, the church controlling the state, or the state controlling the church.
    • Education is often a high priority for churches, and in some cases, the state may run public schools with compulsory religious exercises.

    Justice Douglas' Concurring Opinion

    • Justice Douglas concurring opinion emphasized that the state cannot assist a church's efforts to gain and keep adherents, as it violates individual religious freedom.
    • The First Amendment ensures that the individual's relationship with their church is strictly a matter between the individual and their church.

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