Freedom of Religion Exercise v. Establishment Cases – Lemon v. Kurtzman State $ Lemon Test – Engel v. Vitale Voluntary, Non-denominational – Wallace v.

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Presentation transcript:

Freedom of Religion Exercise v. Establishment Cases – Lemon v. Kurtzman State $ Lemon Test – Engel v. Vitale Voluntary, Non-denominational – Wallace v. Jaffree “Silent meditation or prayer” – Abington Twnshp v. Schempp 10 verses & prayer Opt out “irrelevant” – Zelman v. Simmons-Harris Vouchers – 96% to parochial

Freedom of Religion Free Exercise – Employment Division (Oregon) v. Smith Unemployment benefits Peyote – Reynolds v. U.S. Bigamy – Pierce v. Society of Sisters Compulsory Ed. Act 1922 – Church of Lukumi Babalu Aye v. City of Hialeah

Free Speech Schenck v. U.S. – 1917 Espionage Act – Socialist mailers – “Clear & Present Danger” Brandenburg v. Ohio – KKK leader – “Incite imminent lawless action” Obscenity – Roth v. U.S. – Miller v. California Libel & Slander – Public officials – Requirements- knowing, reckless disregard – “actual malice” – NY Times v. Sullivan

Prior Restraint Near v. Minnesota – “gag law” – Scandalous, nuissance NY Times v. U.S. – Pentagon Papers Symbolic Speech – Texas v. Johnson – U.S. v. Eichman

Freedom of Assembly Limits Content Neutral Time, Place, Manner – Gregory v. Chicago – Skokie case – Nazis – Snyder v. Phelps lawsuits

Freedom of Association NAACP v. Alabama (1958) – 1 st & 14 th - Due Process Boy Scouts of America v. Dale (2000) – Freedom to not associate

In Schools Tinker v. De Moines Hazlewood v. Kuhlmeier Bethel v. Fraser