Citizen Advocates for Constitutional Principles
Constitutional Gems - # 748 - 11-26-2007
The First Amendment is meant to protect individuals from government intrusion. Therefore, it provides liberty to individuals and restraint on the government. In order for the First Amendment to be applicable to any situation, two factors must be involved: (1) a person and (2) some form of governmental action. Only a government entity is prohibited from establishing a religion, and only a government entity is prohibited from restricting the free exercise of religion.
A classic example of how the Constitution works is illustrated by the difference between a public and a private school. A public school is a governmental entity and, therefore, is prohibited from restricting the free exercise of religion. On the other hand, a private school can promote or proselytize in religious matters without any governmental interference, and no matter how offensive the promotion or establishment of a religion may be to an individual, the First Amendment has no application to a private school. A private Christian school can require mandatory chapel every day and may also prohibit the distribution o f religious literature. However, a public school would violate the Establishment Clause by requiring mandatory chapel every day and would violate the Free Exercise and Free Speech Clauses by prohibiting the distribution of religious literature. A public school could not compel a Jehovah's Witness to salute the flag because to do so would violate the student's free exercise of religion. A private Christian school could compel a student to salute the flag.
(Mathew D. Staver, Eternal Vigilance: Knowing And Protecting Your Religious Freedom, pg. 31)
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