The First Amendment: Religion and Speech

Congratulations! You have been appointed to the U.S. Supreme Court as an Associate Justice. The Supreme Court has two First Amendment cases before it. In the first case the Court must interpret the establishment clause , and in the second case, the Court must interpret the free speech clause .

Mr. Chief Justice Stevens has assigned you to write the court's decision for both cases. Remember that the opinion you write for the court must be consistent with prior Supreme Court decisions. Therefore, you must apply the criteria for establishment of religion to Rosenberger v. University of Virginia , and the free speech criteria to Godwin v. East Baton Rouge Parish School Board. Both of the criteria were discussed in class, and are summarized in the lecture notes..

Instructions.

It is permissible to work with other students on this assignment. If you work as a group, turn in ONE paper for the entire group with each persons name on the cover sheet. Do Not turn in separate papers.

Objectives

• identify and explain appropirate criteria used by the Federal Courts to determine what constitutes an establish of religion, and the exercise of free speech;
• apply those criteria to a specific set of facts.

Grading the assignment.

1. Forty percent (40%) of the grade will be based upon the identification and explanation of the appropriate criteria for each case. Keep in mind that you are being graded on how well you demonstrate your knowledge and understanding of the criteria used by the courts to define and apply the Establishment Clause and the Free Speech Clause.
2. Fifty percent (50%) of the grade will be based on the application of the criteria to the facts of each case, and the quality of the reasoning you use;
3. Ten percent (10%) of the grade will be based upon your investment in the project (i.e., your writting skills, including spelling and grammer, and the overall sophistication of your paper.

FACTS: The University of Virginia permits the use of a mandatory student fee to pay outside contractors for the printing costs of the publications of registered student organizations; however the guidelines exclude payments for support of "religious activity". A student organization published a newspaper whose stated mission was "to challenge Christians to live, in word and deed, according to [their] faith, and to encourage students to consider what a personal relationship with Jesus Christ means." The organization requested funds from the mandatory student fee to pay for the printing costs of their newspaper. The request was denied by the University's Student Senate.

ISSUE: Would the use of mandatory student fees to pay for printing a religiously oriented newspaper violate the Establishment Clause of the First Amendment?

Godwin v. East Baton Rouge Parish School Board.

FACTS: The Parish School Board adopted a rule which provided that: "no sign, placard, or poster which is carried shall be permitted in the School Board office building or in any of its rooms." Godwin attended a public meeting held to review a proposed desegregation plan for the Parish schools, and carried a sign supporting desegregation. She was requested to remove the sign or herself from the meeting. She refused and was arrested.

ISSUE: Does the rule adopted by the School Board abridge Godwin's First Amendment right to freedom of speech?