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14 Cards in this Set

  • Front
  • Back
Public Forums
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
Limited/Designated Public Forums
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
Non-public Forums
a. The government can regulate speech in non-public forums so long as the regulation is
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
Freedom of Association
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
Freedom of Association
Laws the require disclosure of membership, where such disclosure would chill association, must meet strict scrutiny
Freedom of Association
Laws that prohibit a group from discriminating ARE CONSTITUTIONAL unless they interfere with intimate association or expressive activity
Loyalty Oaths/Right Not to Speak
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
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) matter how much the law burdens religion
Free Exercise Clause

Job Conflict
May not deny benefits to individual who quit her job for religious reasons
Free Exercise Clause

Proving Religious Belief
the court may consider whether the person challenging the law sincerely holds those beliefs.
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
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)
Establishment Clause

Schools Open Up
If the school is going to open its facilities to public groups, cannot discriminate against religious groups
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