the establishment clause in the first amendment prohibits the federal government from
Establishment Clause The Establishment Clause is a limitation placed upon the United States Congress preventing it from passing legislation respecting an establishment of religion. The second half of the Establishment Clause inherently prohibits the government from preferring any one religion over another. While the Establishment Clause does prohibit Congress from preferring or elevating one religion over another, it does not prohibit the government's entry into the religious domain to make accommodations for religious observances and practices in order to achieve the purposes of the Free Exercise Clause.
Babylon Babylon (
Morse v. Frederick Melinda Cupps Dickler, in her article "The Morse Quartet: Student Speech And The First Amendment" in the Loyola Law Review,[3] provided a survey of commentary that followed in the immediate aftermath of the case: Some commentators have suggested that Morse both demonstrated a division among the Justices on student speech rights[50] and continued Fraser's and Kuhlmeier's erosion of students' First Amendment rights.[51] She regards this suggestion as "not surprising" given the outcome of the decision, the plain language of the holding, and the dissenting Justices' charge that the opinion did "serious violence to the First Amendment".[52] She adds that other commentators have asserted that while Morse did not dramatically change the law regarding student speech, it failed to answer any of the questions left by the Tinker trilogy.[53] She notes that these questions—what First Amendment protection is owed to student speech, and how courts should analyze its censorship—are currently significant as schools struggle with the issues of discriminatory student speech or hate speech,[nb 6] and student speech threatening violence.[nb 7] Further, "such questions are always paramount because schools are the training grounds for our nation's citizens and future leaders."[3]
First Amendment to the United States Constitution The First Amendment (Amendment I) to the United States Constitution prevents Congress from making any law respecting an establishment of religion, prohibiting the free exercise of religion, or abridging the freedom of speech, the freedom of the press, the right to peaceably assemble, or to petition for a governmental redress of grievances. It was adopted on December 15, 1791, as one of the ten amendments that constitute the Bill of Rights.