Example: In 1971, the Nixon
Administration tried to prevent the New York Times from publishing
classified documents called the Pentagon Papers that detailed how the
government waged the Vietnam War. The Supreme Court argued that the
government could not block the publication of the Pentagon Papers
because otherwise the government would be determining what newspapers
can and cannot publish.
Freedom of Religion
The First Amendment includes two clauses that ensure freedom of
religion:
- The free exercise clause: Congress cannot forbid the
practice of any religions.
- The establishment clause: Congress cannot make laws that
establish specific religions as state religions.
Separation of Church and State
Thomas Jefferson interpreted the establishment clause to mean that
there needs to be a “wall of separation between Church and State.” The
courts have interpreted the clause to mean the following:
- The government cannot set up a church.
- The government cannot aid one religion or prefer one religion over
another.
Government Aid to Religious Schools
Many of the recent conflicts over the establishment clause have
concerned the role of religion in government-funded schools. In Lemon v.
Kurtzman (1971), the Supreme Court held that the government cannot give
money directly to religious schools. The Court developed the three-part
Lemon test to determine the situations in which the
government may give money to religious institutions. The government can only
fund religious schools if the aid money follows these three
conditions:
- It will be used for secular purposes.
- It will not be used to advance or inhibit religion.
- It will not be used to encourage the government to become involved
with the religion.
School Vouchers
A recent controversy over the establishment clause concerns
school vouchers, government money given to parents to help
pay for tuition at private schools. Some states and municipalities have
created voucher programs to help parents get their children out of poorly
performing public schools. Opponents of the program argue that voucher
programs violate the Lemon test by inadvertently funding religious schools,
because many parents choose to send their children to private religious
schools. In a 2002 case, the Supreme Court ruled that voucher programs do
not violate the establishment clause because parents could use them to send
their children to secular private schools.
School Prayer
In the landmark Engel v. Vitale case in 1962, the Supreme Court ruled
that school-sponsored prayer in public schools violates the establishment
clause and is therefore illegal. The Court rejected all school prayer, even
general prayers that do not name a specific deity or propose a particular
belief. Nevertheless, the Court has also ruled that religious clubs and
organizations can meet on school property, as long as no student is required
to attend. The Court has also held that schools cannot begin graduation
ceremonies or school events with a prayer.
