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14 Cards in this Set
- Front
- Back
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Public Forums
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a. Regulation must be subject matter and viewpoint neutral, or if not, strict scrutiny
b. Regulations must be time, place, or manner restriction that serves an important government purpose and leaves adequate alternative places for communication |
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Limited/Designated Public Forums
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government properties that the government could close to speech, but chooses to open to speech
i.e. school facilities evening and weekends are a non public forum—but if opened to speech at these times, limited public forums |
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Non-public Forums
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a. The government can regulate speech in non-public forums so long as the regulation is
i.reasonable ii.and view point neutral military bases, prison/jails, ads city buses, sidewalk on post office, courthouse and grounds, Airports (can't stop distribution of literature), schools in session, government work place |
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Freedom of Association
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i. Strict Scrutiny Applies—Is met when
1.Active affiliation with the group 2.knowledge of groups illegal activities 3.specific intent to further illegal activities |
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Freedom of Association
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Laws the require disclosure of membership, where such disclosure would chill association, must meet strict scrutiny
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Freedom of Association
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Laws that prohibit a group from discriminating ARE CONSTITUTIONAL unless they interfere with intimate association or expressive activity
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Loyalty Oaths/Right Not to Speak
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The government may require employees to take loyalty oaths, as long as the oaths are not overbroad or vague.
The freedom to speak includes the freedom not to speak. Thus, the government cannot require people to salute the flag or display other messages with which they disagree |
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Free Exercise Clause
Neutral Law, General Applicability |
a.CANNOT be used to challenge a
b.neutral law c.of general applicability i.(native Americans, peyote, law prohibited the use; the law was neutral towards religion and applied to everyone in the state) d.no matter how much the law burdens religion |
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Free Exercise Clause
Job Conflict |
May not deny benefits to individual who quit her job for religious reasons
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Free Exercise Clause
Proving Religious Belief |
the court may consider whether the person challenging the law sincerely holds those beliefs.
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Establishment Clause
Lemon Test |
a.Must be a secular purpose to the law
b.Primary Effect must neither to advance nor inhibit c.NO excessive government entanglement |
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Establishment Clause
Government sponsored religious activities |
a.School prayer is NOT allowed
b.Voluntary time for prayer NOT allowed c.Clergy member prayer at graduation NOT allowed d.Student delivered prayers at high school football game is NOT allowed e.Moment of silent prayer is NOT allowed (moment of silent reflection may be allowed—not ruled) |
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Establishment Clause
Schools Open Up |
If the school is going to open its facilities to public groups, cannot discriminate against religious groups
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Establishment Clause
Parochial Schools |
5. Government can give assistance to parochial schools, so long as it is not used for religious instruction.
cannot pay parochial teacher's salary The government may provide vouchers even when 96% parents use for parochial schools |
