Introduction to the First Amendment
Author | Ruthann Robson |
Pages | 1-12 |
RobsonThe First Amendment
1
Chapter& One:& INTRODUCTION& TO& THE&
FIRST&AMENDMENT&
Chapter Outline
I. Text
II. The Clauses
A.The Religion Clauses
B. The Free Speech Clause
C.The Press Clause
D.The Assembly Clause
E. The Petition Clause
F.Association: The “Missing” Clause
III.International Perspectives
IV.State Action and Incorporation Against the States
V.History: The Firstness of the First Amendment
VI.Theoretical Perspectives
VII.The Challenges of First Amendment Cases and Controversies
VIII.United States Supreme Court Terms: Recent Cases
2014-2015 Term
2013-2014 Term
I.&&Text&
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 the people to peaceably assemble, and to
petition the Government from redress of grievances.
II.&&The&Clauses&
&A.& The&Religion&Clauses&
The religion clauses are two separate but intertwined clauses.
First, the text forbids Congress making laws respecting “an
establishment of religion.” The Establishment Clause - - - more properly
denominated an anti-Establishment Clause or disestablishment Clause,
but routinely called the Establishment Clause - -means at its most
basic that there cannot be a government religion. This is distinct from
many other nations in which there is a national religion, including Great
Britain’s Church of England. More specific meanings of what an
“establishment” of religion might mean have been the subject of
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