In
the third module, we will look at unprotected speech that the government may
control or prohibit. This includes some forms of commercial speech (such as
dishonest or misleading advertising), incitement, obscenity, criminal
conspiracies and copyright infringement.
The
next two modules cover other First Amendment rights: assembly, petition,
association and the press. We will also cover when the government can place
reasonable time, place and manner restrictions on speech, assembly and protest.
We will also look at how freedom of the press intersects with defamation and
the interests of the government in conducting criminal investigations.
The
second half of the course turns to freedom of
religion and the first two clauses of the First Amendment: the clauses
prohibiting the government from “establishing” a national religion and the
clause preventing the government from “prohibiting the free exercise thereof.”
This section opens with a discussion of the historical context
of the two clauses and where they apply. We’ll also discuss the legal standards
under which freedom of religion are analyzed and discuss the important
differences between religious beliefs and religious practices.
The next two modules focus on the free exercise clause. We’ll
look at cases that have analyzed laws that target religious groups and those
that have disproportionate impacts on particular religious groups. We’ll also
discuss the principle that practicing religion does not mandate that the
government exempt adherents from laws of general applicability. Then we’ll
focus on at the application of free exercise clause jurisprudence on a variety
of rights informed by religious beliefs, including refusing medical treatment
and conducting religious meetings and services.
The penultimate module segues to the establishment clause, first
focusing on tests that are used to determine whether government laws or
policies are considered to be enforcements of religion. We’ll also look at
cases involving religious monuments, at government voucher programs that can be
used at religious schools and at cases involving school prayer. Finally, we
will look at a variety of recent cases involving freedom of religion. We’ll
look at cases involving the usage of “in God we Trust” on currency and Ten
Commandment monuments on government property.
This course should give you a firm understanding the freedoms
associated with the First Amendment and their applications.
Best of luck and we welcome your feedback.
GOV-204: First Amendment Law