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Civil Rights and Liberties U.S. Political History, Lecture notes of Political history

These lecture notes cover the topic of Freedom of Religion and Freedom from Religion, as guaranteed by the First Amendment. The notes explain the right to freedom of thought, conscience, and religion, and the restrictions that public authorities can place on the manifestation of these beliefs. The importance of religious freedom in a diverse society is also discussed.

Typology: Lecture notes

2021/2022

Available from 10/28/2022

HOUSEMAN56
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Oklahoma State University – Oklahoma City
Civil Rights and Liberties - POLS 1320
Winter 2022
Lecture Notes Two
Contents: Freedom of Religion and Freedom from Religion
Lecture Notes Two
The First Amendment guarantees freedoms concerning religion, expression, assembly, and the right to
petition. It forbids Congress from both promoting one religion over others and also restricting an
individual's religious practices.
Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to
change his religion or belief and freedom, either alone or in community with others and in public or
private, to manifest his religion or belief, in worship, teaching practice and observance.
Importantly, this right protects a wide range of non-religious beliefs including atheism, agnosticism,
veganism and pacifism. For a belief to be protected under this article, it must be serious, concern
important aspects of human life or behavior, be sincerely held, and be worthy of respect in a democratic
society.
Are there any restrictions to this right?
Public authorities cannot interfere with your right to hold or change your beliefs, but there are some
situations in which public authorities can interfere with your right to manifest or show your thoughts,
belief and religion. This is only allowed where the authority can show that its action is lawful, necessary
and proportionate in order to protect:
public safety
public order
health or morals, and
the rights and freedoms of other people.
Action is ‘proportionate’ when it is appropriate and no more than necessary to address the problem
concerned.
the protection of public order, health or morals, or for the protection of the rights and freedoms
of others.
Religious freedom protects people's right to live, speak, and act according to their beliefs peacefully and
publicly. It protects their ability to be themselves at work, in class, and at social activities. Religious
freedom is more than the “freedom to worship” at a synagogue, church, or mosque.
Religious freedom, or freedom of conscience, is critical to the health of a diverse society. It allows
different faiths and beliefs to flourish. Religious freedom protects the rights of all groups and individuals,
including the most vulnerable, whether religious or not.
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Oklahoma State University – Oklahoma City Civil Rights and Liberties - POLS 1320 Winter 2022 Lecture Notes Two Contents: Freedom of Religion and Freedom from Religion Lecture Notes Two The First Amendment guarantees freedoms concerning religion, expression, assembly, and the right to petition. It forbids Congress from both promoting one religion over others and also restricting an individual's religious practices. Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief and freedom, either alone or in community with others and in public or private, to manifest his religion or belief, in worship, teaching practice and observance. Importantly, this right protects a wide range of non-religious beliefs including atheism, agnosticism, veganism and pacifism. For a belief to be protected under this article, it must be serious, concern important aspects of human life or behavior, be sincerely held, and be worthy of respect in a democratic society. Are there any restrictions to this right? Public authorities cannot interfere with your right to hold or change your beliefs, but there are some situations in which public authorities can interfere with your right to manifest or show your thoughts, belief and religion. This is only allowed where the authority can show that its action is lawful, necessary and proportionate in order to protect:  public safety  public order  health or morals, and  the rights and freedoms of other people. Action is ‘proportionate’ when it is appropriate and no more than necessary to address the problem concerned. the protection of public order, health or morals, or for the protection of the rights and freedoms of others. Religious freedom protects people's right to live, speak, and act according to their beliefs peacefully and publicly. It protects their ability to be themselves at work, in class, and at social activities. Religious freedom is more than the “freedom to worship” at a synagogue, church, or mosque. Religious freedom, or freedom of conscience, is critical to the health of a diverse society. It allows different faiths and beliefs to flourish. Religious freedom protects the rights of all groups and individuals, including the most vulnerable, whether religious or not.

Oklahoma State University – Oklahoma City Civil Rights and Liberties - POLS 1320 Winter 2022 Lecture Notes Two Contents: Freedom of Religion and Freedom from Religion Fifth Amendment: No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. Standing by itself, the phrase due process would seem to refer solely and simply to procedure, to process in court, and therefore to be so limited that due process of law would be what the legislative branch enacted it to be. But that is not the interpretation which has been placed on the term. It is manifest that it was not left to the legislative power to enact any process which might be devised. The article is a restraint on the legislative as well as on the executive and judicial powers of the government, and cannot be so construed as to leave Congress free to make any process ‘due process of law’ by its mere will.1 All persons within the territory of the United States are entitled to its protection, including corporations,2 aliens,3 and presumptively citizens seeking readmission to the United States,4 but States as such are not so entitled.5 It is effective in the District of Columbia6 and in territories which are part of the United States,7 but it does not apply of its own force to unincorporated territories.8 Nor does it reach enemy alien belligerents tried by military tribunals outside the territorial jurisdiction of the United States.