This document focuses on the first amendment and the impact on higher education. Beginning with the description of the types of Higher education structures: Public, Private and Private Religious the paper focuses on Private Religious and how the freedom of Religion amendment impact the function and support of these institutions. Two categories under this amendment: Free Exercise clause and the Establishment clause and how they impact each other within private religious institutions. How far can the government be involved with the function and operations of private religious institutions. (3 prong criteria). Government monies to fund private religious education. Can government funds be used to fund religious based degrees?