Many conservatives believe that the Anti-
Establishment Clause prohibits only the actual establishment of a national religion in the manner of the English Crown. To them, the right to freedom of religion is all that the First Amendment guarantees, not the right to be free from religion (Dershowitz, p. 202).
Luckily for those who consider themselves atheists and agnostics, the Supreme
Court has interpreted the First Amendment to include the separation of church and state much more broadly, because under the conservative interpretation, the government might, in principle, be able to require some religious affiliation of its citizens provided it did not specify any particular religious faith. That issue has arisen numerous times and in many different forms over the years, including whether or not public schools may require recitation of the Pledge of Allegiance with the words "under God" or "moments of private reflection" intended for prayer during school time.
Most recently, the issue arose over the matter of displaying engravings of biblical passages like the Ten Commandments in public buildings. In that regard, one of the more curious modern facts of American life is that some jurisdictions still prohibit the sale of alcohol on Sunday, because of "Sabbath." These ordinances are patently violative of the Anti-establishment clause because of their religious connotations and obvious origin.
Even American currency bears the phrase "In God We Trust" which also seems to violate the Anti-Establishment clause at least as much as other elements of government entanglement in religious ideas. In principle, that phrase is no less offensive to non- theists than inclusion of the phrase "In Christ We Trust" would be to non-Christians.
Continuing Significance:...
1st Amendment and Virtual Child Pornography The question whether "virtual child pornography" should be protected by the First Amendment of the U.S. Constitution depends on whether it is a category of speech that falls under the free speech guarantee of this constitutional provision. The First Amendment in its relevant part provides that "Congress shall make no law & #8230; abridging the freedom of speech." The constitutional guarantee of free speech is
Jehovah's Witnesses are a good example of a religious entity that claims the right the First Amendment freedom of religion clauses. Jehovah's Witnesses may act as a thorn in many families across America, however, they have been the root cause of much of our freedom of religion laws. Jehovah's Witnesses brought many cases of religion to the court system in the 1930s and 1940s. Before then, the court system handled
1st Amendment Protections for Child Pornography: The 2002 Decision in the Case of Ashcroft v. Free Speech Coalition. Laws have been passed outlawing child pornography in its various formats. It is forbidden by law to use a minor younger than age eighteen for visual depictions of sexually explicit acts. Possessions of such photographs are forbidden, and in 1966 the Child Pornography Prevention Act (CPPA) forbade trafficking in visual productions of
1st Amendment Issues A highly controversial decision rendered on January 21st of this year by the Supreme Court, affirming the right of corporations and other organizations to enjoy consideration as "persons" and the 1st amendment protections afforded by that status, threatens to undermine the foundation of this country's democratic process. With their closely contested 5-4 decision in the case of Citizens United v. FEC, the high court's conservative members have
First Amendment and Television The subject of television and censorship has long been an issue of heated debates across the country. The First Amendment to the United States Constitution states: "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 peaceably to assemble, and to petition the Government for a redress
MEDIA LAW: Argue Against: Discuss 1st amendment implications Family Prevention Tobacco Act 2009. Are tobacco The Family Prevention Tobacco Act of 2009 was one of the more controversial pieces of legislature passed in recent times, for the simple fact that it gave a great deal of authority to the Food and Drug Administration to limit the effectiveness of the tobacco industry and its various companies to sell its products. There are
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