STUDY GUIDE|^121FREEDOM OF RELIGION
E Describe the First Amendment rights related to freedom of religion. Pages 104–09
SUMMARY
Religious freedoms are defi ned by two clauses in the First
Amendment: the establishment clause and the free asso-
ciation clause. Together, they do not allow the government
to do anything to benefi t any particular religion, nor is it
allowed to do anything to hinder religious practice. As is
often the case, the Court has struggled to precisely defi ne
exactly what constitutes “excessive government entangle-
ment” in religion.
KEY TERMS
establishment clause (p. 104)
free exercise clause (p. 104)
Lemon test (p. 105)
CRITICAL THINKING AND DISCUSSION:
Has the Supreme Court balanced protection for the free
exercise of religion without allowing the state establishment
of religion, or has the Court swung too far in one direction?
Which rulings support your conclusion?
PRACTICE QUIZ QUESTIONS- The establishment clause is invoked under which of
the following circumstances?
a) allowing “conscientious objectors” to avoid the
military draft
b) outlawing polygamy
c) prayer in public schools
d) allowing the Amish to keep children home from
school after eighth grade
e) banning the handling of snakes in church services - Which test does the Supreme Court use to establish
whether there has been “excessive government en-
tanglement with religion?”
a) Lemon test
b) Kreutz test
c) Miller test
d) Meyer test
e) Brandenburg test
symbolic speech (p. 100)
hate speech (p. 100)
prior restraint (p. 101)
fi ghting words (p. 102)
slander (p. 103)
libel (p. 103)
commercial speech (p. 103)
Miller test (p. 104)
CRITICAL THINKING AND DISCUSSION:
Do you support complete freedom of speech for the most
despicable group you can think of? When should speech be
limited, if at all?
PRACTICE QUIZ QUESTIONS
- Which test does the Court use to determine if speech
is considered dangerous and should not be legally
protected?
a) Lemon test
b) clear and present danger test
c) Miller test
d) direct incitement test
e) balancing test- Flag burning is an example of ____ that is
currently ____ under the First Amendment.
a) symbolic speech; protected
b) symbolic speech; not protected
c) hate speech; protected
d) hate speech; not protected
e) off ensive slander; not protected - Prior restraint involves limits on what form of
expression?
a) freedom of assembly
b) freedom of association
c) freedom of speech
d) freedom of the press
e) freedom of religion
S PRACTICE ONLINE
“Critical Thinking ” exercise: Politics Is Confl ictual—
Free Speech and Flag Burning