1st Amendment (Full Text)
"Congress shall make no law respecting an establishment of a religion or prohibiting the free exercise there of; or abriding the freedom of speech, or of the press; or the right of the people to peacefully assemble, and to petition the government for a redress of greivences."
The First Amendment protects spoken and written word, films, sit-ins, photographs, art, Ads, and media. It also protects the speaker AND the reader. People also have the right to assemble and petition the government as well as exercise freedom of religion.
The First Amendment doesn't protect communication of false statements about a person that may injure their reputation, obscenity, fighting words, and inciting violence.
West Side Community Schools v. Mergens (1990)
Issue: Student Clubs
Bottom Line: Public Schools That Allow Student-Interest Clubs Cannot Exclude Religious or Political Ones
Background
Bridget Mergens was a senior at Westside High School in Omaha, Nebraska. She asked her homeroom teacher, who was also the school's principal, for permission to start an after-school Christian club. Westside High already had about 30 clubs, including a chess club and a scuba-diving club. The principal denied Bridget's request, telling her that a religious club would be illegal in a public school.
Ruling
The Supreme Court ruled in favor of Bridget. Allowing students to meet on campus to discuss religion after school did not amount to state sponsorship of religion, the Court said: "We think that secondary-school students are mature enough and are likely to understand that a school does not endorse or support student speech that it merely permits."
If a public school allows only clubs tied to the school curriculum—a French club related to French classes, for instance—it can exclude clubs that don't connect to its educational mission. But once a school allows student-interest clubs—such as a scuba-diving club, environmental club, or jazz club—it cannot exclude religious clubs, political clubs, gay-lesbian clubs, or other groups.
If the club is religious in nature, however, the school must refrain from active involvement or sponsorship, so that it doesn't run afoul of the Establishment Clause, the Court said
Bridget Mergens was a senior at Westside High School in Omaha, Nebraska. She asked her homeroom teacher, who was also the school's principal, for permission to start an after-school Christian club. Westside High already had about 30 clubs, including a chess club and a scuba-diving club. The principal denied Bridget's request, telling her that a religious club would be illegal in a public school.
Ruling
The Supreme Court ruled in favor of Bridget. Allowing students to meet on campus to discuss religion after school did not amount to state sponsorship of religion, the Court said: "We think that secondary-school students are mature enough and are likely to understand that a school does not endorse or support student speech that it merely permits."
If a public school allows only clubs tied to the school curriculum—a French club related to French classes, for instance—it can exclude clubs that don't connect to its educational mission. But once a school allows student-interest clubs—such as a scuba-diving club, environmental club, or jazz club—it cannot exclude religious clubs, political clubs, gay-lesbian clubs, or other groups.
If the club is religious in nature, however, the school must refrain from active involvement or sponsorship, so that it doesn't run afoul of the Establishment Clause, the Court said