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85 Cards in this Set

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Can the Supreme Court determine the consitutionality of acts of other branches of govt? If yes, cite the source of such power.
Judicial review of other branches of the federal gov't was established in Marbury v. Madison; the constituion is "law" and it is the province and duty of the judiciary to declare what the law is.
When does the Supreme Court have original (trial) jurisdiction?
Under Art. III, Section 2, the Supremet Court has original jurisdiction "in all cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be a party.
When does the Supreme Court have Appellate Jurisdiction?
Under Art. III section 2, in all cases arising under the Constitution, Act of Congress or treaty, the Supreme Court has appellate jurisdiction, both as to Law and Fact with such regulations as the cogress shall make. Congress has provided 2 methods for invoking S Ct appellate jurisdiction appeal (where jxd is mandatory) and certiorari (where jxd is w/in the Court's discretion)
What are the McCardle limitations on Statutory regulation?
Ex Parte McCardle has been read as giving congress full power to regulate and limit the Supreme Court's appellate jurisdiction. However, some limitations have been suggested (see page 3 of Con law )
What are the limitations on justiciability?
1. No advisory opinions (no rendering of decisions in moot cases, collusive suits, or cases involving challenges to gov'tal legislationr or policy whoe enforcement is neither actual nor threatened.)
2. The case must be ripe, the plaintiff must have been harmed or there must be an immediate threat of harm.

3. The case must not be moot -- a real, live controversy must exist at all stages of review, not merely when the complaint is filed, unless the issue is capable of repetitition but evading reiew.
4. The P must have standing to raise the constitutional issue.
When does a P have standing for a case before the Supreme Court?
Under constitutional law, a person has standing only if she can show an injury in fact caused by the government that will be remedied by a decision in her favor. (Remember, the three basic components are injury in fact, but for causation and redressability).
When does a P have 3rd party standing to assert the rights of others in the Supreme Court?
A P may assert third party rights where he himself has suffered injury and the third party(ies) find it difficult to assert their own rights or the injury suffered by the P adversely affects his relationship w/ 3rd parties, resulting in an indirect violation of their rights.
When does an organization have standing to to challenge government action?
Under constitutional law, an organization has standing to challenge government actions that cause injury in fact to its members if the injury would give individual members a right to sue on their own behalf, the injury is related to the organization’s purpose, and neither the nature of the claim or relief requested requires participation of the individual members in the lawsuit. The organization also has standing to challenge government action that uases injury to the organization itself.
When does a federal taxpayer have standing to challenge federal appropriation and spending measures?
Generally, a tayxpayer has no standing to litigate government expenditures. However, a federal taxpayer has standing to challenge federal appropriation and spending measures if she can establish that the challenged measure was enacted under Congress's taxing and spending power and exceeds some specific limitation on the power. To date, the only lmit that the Court has found on the taxing power is the Establishment Clause.
1. Laws enacted under Congress' taxing and spending powers, and
2. exceeding a specific constitutional limit on taxing and spending (establishment clause challenge to taxing and spending)
When does a legislator have standing to challenge the constitutionality of government action?
Under Constitutional law, a legislator has standing to challenge the constitutionality of government action if they have a sufficient personal stake in he dispute and suffer sufficient "concrete injury." (Raines v. Byrd)
What is the abstention doctrine?
Under the abstention doctrine, a federal court may abstain from deciding a federal constitutional claim that is based on an unsettled question of state law in order to give the state court a chance to settle the state law question. Federal courts should also abstain from enjoining pending state administrative or civil proceedings when those proceedings involve an important state interest.
What is a political question?
A political question is one ivolving those issues committed by the Constitution to another branch of gov't or those inherently incapable of resolution and enforcement by judicial process.
What are the 11th Amendment limitations on Federal Courts?
Key Bar exam principal: The 11th Amend. will prohibit a federal ct from hearing a claim for damages against a state government (although not against state officers) unless the state has consented to allow the lawsuit in federal ct, the plaintiff is the US or another state or Congress has clearly granted federal courts the authority to hear a specific type of damage action under the 14th Amendment.

(Remember, there are several exceptions here – know them. Also know that the 11th A. does not prohibit suits by the federal government against states or suits by anyone against cities or counties).
What is the Necessary and Proper "power"?
The N and P "power" (art. I section 8) grants Congress the power to make all laws necessary and proper (ie appropriate ) for carrying into execution any power granted to any branch of the federal gov't, as long as such laws are not expressly prohibited by another provision of the Constitution. However, the N and P clause is not itself a bsis of power; it merely gives congress power to execute specifically granted powers.
What is congress's taxing power?
Under Art. I, congress has the power to lay and collect taxes, imposts, and excises, but they must be uniform throughout the US. Capitation or other direct taxes must be laid in proportion to the census, and direct taxes must be aportioned among the states. Export Taxes are not permitted.

[Exam note] Taxes are generally valid. Absent a specific restriction such as the above, be hesitant to rule against a tax measure on the exam. A tax measure will be upheld if it bears some reasonable relationship to revenue production or if Congress has the power to regulate the taxed activity.
What is Congress's spending power?
Under Art. I section 8 Congress may spend to "provide for the common defense and geenral welfare" -- meaning spending for any public purpose, and not merely the accomplishment of other enumerated powers.
What is Congress's commerce power?
Under Art. I section 8, congress is empowered to "regulate commerce w/ foreign nations and among the several states, and with the Indian tribes."
What is w/in Congress's power under the Commerce Clause?
Under Constitutional Law, to be w/in Congress's power under the Commerce Clause, a federal law must either regulate the channels of interstate commerce, regulate the instrumentalities of interestate commerce and persons and things in interstate commerce; or regulate acivities that have a substantial effect on interstate commerce.

** Wickard v. Filburn

(Remember, Congress cannot use the commerce power to regulate a non-economic activity occurring in a single state).
What is Congress's war power?
under the US constitution, in Article I section 8, congress has the power to decalre war, raise and support armies, provide for and maintain a navy, make rules for the gov't and regulation of the armed forces, and organize, arm, discipline and call up the militia.
What is Congress's Property Power?
Under article IV section three of the Constitution, congress has the power to "dispose of and make all needful rules and regulations respecting the terrirotry or ther property belonging to the US.
What is Congress's Postal Power?
Under Art. I section 8, Clause 7, Congress is empowered to "establish post offices and post roads. Congress may validly classify and place reasonable restriction on the mails, but may not deprive any citizen or group of citizens the general mail "privilege" or regulate the mail in usch a way as to abridge freedom of speech or press or violate the ban of the 14th amendment against unreasonable search and seizure.
What is Congress's power over Citizenship?
Under Article I section 8 of the constitution,Congress is empowered to "establish a uniform rule of naturalization." :
1. Nonresident aliens have no right to enter the US and can be refused entry b/c of their political beliefs.
2. Resident aliens are entitled to notice and hearing before they can be deported.
What is Congress's Admiralty Power?
Under Constitutional law, the Supreme Court has implied Congress's Admiralty power to legislate in martitime matters from the exclusive jxd given the federal courts in this field by Article III, Section 2, and supported by the Necessary and Proper clause. The federal admiralty power attaches to all navigable waterways and small tributaries affecting navigable waterways.
What are the limitations on delegation of legislative power?
Under constitutional law, Congress has broad discretion to delegate its legislative power to executive officers and /or administrative agencies. However, there are limitations on the delegation of legislative power: the power delegated cannot be uniquely confined to Congress (power to declare war, power to impeach); there must be a clear standard for the degate to follow; the delegation must not undermine the integrity of the judiciary or usurp the powers of the other branches; See page 22 for (c) and (d)
What does the SPeech or Debate clause Do?
The Speech or Debate clause grants immunity from prosecution to Federal Legislators for conduct that occurs in the regular course of the legislative process. (immunity extends to aides if a legislator would be immune for performing the same act)
What is the President's appointment power?
Under Article II section 2, the President is empowered "with the advice and consent of the Senate" to appoint "all ambassadors, other public ministers and consuls, judges of the Supreme Court and all other officer of the US... but the OCongress may by law vest the appointment of such inferior officers, as they think proper, in the PResident alone, in the courts of law, or n the heads of departments.
What is the President's removal power?
The Constitution is silent as to removal of appointees except for ensuring the tenure of all Art. III judges "during good behavior." Under the Courts decisions, the president can remove high level, purely executive officers (eg Cabinet members) at will, w/out interference from congress. However, it appears that Congress may provide statutory limitations on the President's power to remove all other executive appointees (Morrison v. Olson)
What is the President's pardon power?
Under Article II, Section 2, the president is empowered to "grant reprieves and pardons for offenses against the US, except in cases of impeachment
What is the President's Veto power?
Under Art I section 7, Every act of Congress must be approved by the President before taking effectunless passed over his disapproval by two thirds vote of each house. The president has 10 days (ex. Sundays) to exericse his veto power. If he fails to act w/in that time: the bill becomes law if Congress is still in session or the bill is automatically vetoed if Congress is not in session. The veto power allows the President only to apporve or reject a bill in toto. (no line item vetos).
What does the Art. IV section 2 priveleges and immunities clause provide ?
"The citizens each stateshall be entitled to all Priveleges and Immunities of citizens in the several states, thus prohibiting discrimination by a state against nonresidents.
--Corporations are not protected.

--Only fundamental rights are protected. (those involving commercial activities -- pursuit of a livelihood or civil liberties).

A state law discriminating against nonresidents may be valid if the state has a substantial justification for the different treatment (the non-residents are the cause or a part of the problem sought to be prevented and there are no less restrictive means for solving the problem).
What is the dormant commerce clause?
Under Constitutional law, where Congress has not enacted laws regarding the subject, a state or local government may regulate local aspects of interstate commerce if the regulation does not discriminate against out of state competition to benefit local economic interests and is not unduly burdensome (the incidental burden on interstate commerce does not outweigh the legitimate local benefits produced by regulation)
What is the rule regarding Congress's Spending power conditions?
Congress may "regulate" states through the spending power by imposing conditions on the grant of money to state or local governments
When may a state or local government regulate local aspects of interstate commerce?
Under constitutional law, a state or local government may regulate local aspects of interstate commerce if the regulation is not unduly burdensome and does not discriminate against out-of-state competition, unless the discrimination is a permissible means for promoting health and safety concerns or the state is a market participant. (Remember, to determine if a regulation is unduly burdensome consider whether the burden on interstate commerce is outweighed by legitimate interests in protecting its citizens, taking into account less burdensome alternatives).

Or, put another way…

Under constitutional law, state regulations that discriminate against interstate commerce in order to protect local economic interests are unconstitutional unless the regulation is necessary to further an important non-economic interest and no reasonable alternatives are available, or the state is acting as a market participant.
When may a state or local government tax local aspects of interstate commerce?
Under constitutional law, where Congress has not acted, a state or local government may tax local aspects of interstate commerce if the tax does not discriminate against interstate commerce and does not unduly burden interstate commerce. A tax is not unduly burdensome on interstate commerce if the activity taxed has a substantial nexus to the taxing state, the tax is fairly apportioned, and there is a fair relationship between the tax and the services provided by the state.
When is a tax on the instrumentalities of commerce valid?
Under constitutional law, the validity of ad valorem property taxes on instrumentalities of commmerce depends on whether the instrumentality has acuired a "taxable situs" in the taxing state (ie, whether there are sufficient contacts with the taxing state to justify the tax, and whether the value of the instrumentality has been properly apportioned according to the amount of "contacts" with each taxing state. A tax apportioned on the value of the instrumentality will be upheldif it fairly approximatesthe avg physical presence of the instrumentality w/in the state. * taxpayer has the burden of proving that an instrumentality has acquired taxable situs outside his domiciliary state.
When may a state tax foreign commerce?
The Commerce Clause gives Congress the exclusive power toregulate foreign commerce and thus inherently limits a state's power to tax that commerce. A state tax applied toforeign commerce must meet allofthe Commerce Clause tests that apply to state taxation of interstate commerce. If a state tax meets those tests, the tax is invalid if would create a substantial risk of international multiple taxation or prevent the federal gov't from "speaking with one voice" regarding international trade or foreign affairs issues.
Which of the bill of rights are applicable to the states by the 14th Amendment due process clause.
All of the first amendment (speech, press, assembly, petition, free exercise, nonestablishment of religion) the fourth amendment (unreasonable search and seizure); some elements of the fifth amendment (privilege against self incrimination;compensationfor taking of private property for public use); the 6th Amend.(speedy and public trial by impartial jury; notice and right of confrontation, compulsory process, and right to legal counsel in serious criminal proceedings; the 8th amendment (cruel and unusual punishment, excessive bail, and excessive fines -- assumed to be incorporated but no precise ruling (have been held applicable to the states through the 14th Amendment due process clause.
IS state action required for the 13 th amendment to apply?
No. The Supreme Court will uphold legislation proscribing almost any private racially discriminatory act that can be characterized as a "badge or incident of slavery." (rental of apartments, admission into private schools, hiring-- by private actors based on race has been prohited on 13th Amendment grounds.
15th Amendment?
the 15th amendment is a limitation on both state and local governments that prohibits them from denying any citizen the right to vote on account of race or color.
What satisfies the "state action" requirement for finding acts unconstitutional?
1. State action
2. government agencies and officals acting under te color of state law.
3. State action can also be found inthe actions of seemingly private individuals who perform exclusive public functions or have significant state involvement in their activities.

4.where a state affirmatively facilitates, encourages, or authorizes acts of discrimination by its citizens.
What does the Contract Clause do?
The K Clause prohibits states from enacting any law that retroactively impairs K rights. It does not affect K's not yet entered into.

For private K's, where legislation substantially impairs a party's rights under an existing K, the legislation is valid only if it serves an important and legitimate public interest and is a reasonalbe and narrowly tailored means of promoting that interest.

For Public K's: the test is the same, but remember public K's will receive stricter scrutiny.
Procedural Due process?
Under constitutional law, procedural due process provides that the government shall not take a person’s life, liberty or property without due process of law, which requires an opportunity to present objections to the proposed action to a fair decision maker. (Remember, due process (procedural and substantive) applies to federal government through 5th Amendment and to the states through the 14th Amendment. Also for something to be a property interest for purposes of procedural due process, there must be a legitimate claim or entitlement to the benefit under state or federal law – not just a mere expectation of the property or benefits).

Under procedural due process, what constitutes fair process is determined by balancing the importance of the individual interest that is being deprived, the value of the procedural safeguards to that interest, and the administrative cost to the government.
Substantive Due process?
Under constitutional law, substantive due process provides that the government may not limit a fundamental right (including travel, privacy, voting and First Amendment rights) without proving the action is necessary to promote a compelling interest. When a fundamental right is not involved, the challenging party must prove that the act is not rationally related to any legitimate government interest.
What is the Takings clause?
The fifth Amendment prohibits governmental taking of private property for public use w/out just compensation. The Clause is applicable to the states through the 14th Amendment. Takings are less likely to be found in emergency situations.
Types of takings:
A taking is a physical invasion or occupation of land, no matter how tiny or temporary; a regulation is NOT a taking if it reasonably advances a legitimate state interest and leaves an economically viable use for the property. Conditional permits for building are valid if there is a rough proportionality or connectedness between the impact of the proposed development and the condition.
What is the Vagueness doctrine?
Under constitutional law, if the conduct prohibited by a statute is so unclearly defined that a reasonable person would have to guess at its meaning, it will fail for vagueness.
Due Process?
Under constitutional law, the equal protection clause prohibits states from discriminating against persons on the basis of race, national origin and alienage unless the government proves the discrimination is necessary to achieve a compelling state interest. If a quasi-suspect classification is involved (gender, illegitimacy) the classification will be upheld if the government proves it is substantially related to an important government interest. In all other cases (poverty/wealth, age), the classification is valid unless the challenger proves it is not rationally related to a legitimate government interest.
What is the rule for government action that is neutral on its face and application?
Under constitutional law, where a government action is neutral on its face and in its application, such a law will be found to involve a classification only if a court finds that the law-making body enacted or maintained the law for a discriminatory purpose. Statistical evidence combined with other evidence of legislative or administrative intent will be used to prove discriminatory purpose.
What is the exception to the alienage classification rules for Equal Protection?
Under constitutional law, a state can validly refuse to hire aliens as police officers and teachers and for all other positions that have a direct effect on the functioning of government.
What does the right to interstate travel include?
under constitutional law, individuals have a fundamental right to travel from state to state, which encompasses the right to leave and enter another state and to be treated equally if they become permanent residents of that state. (Sanz v. Roe)
** when a state uses a waiting period for dispensing benefits, that requirement normally should be subject to the strict scrutiny test.
What is the rule for regulating content-based speech?
Under constitutional law, the government can adopt content-based regulations of speech only if the government shows that the regulation is necessary to serve a compelling state interest and is narrowly drawn to achieve that end. (Strict scrutiny)
What is the rule for regulating content-neutral speech regulations?
Under constitutional law, the government can adopt content-neutral regulations of speech if the government shows that the regulation is necessary to advance important interests unrelated to the suppression of speech and does not burden substantially more speech than necessary to serve those interests. (Intermediate scrutiny – this is the test to use for symbolic conduct regulations such as burning a draft card)
What is the rule for time, place or manner speech regulations (public and non-public forums)?
Under constitutional law, the government is permitted to adopt regulations covering the time, place, and manner of conduct related to speech in a public forum (streets, sidewalks and designated public forums) if the regulation is content-neutral, narrowly tailored to serve a significant government interest and leaves open alternative channels of communication

Regulations involving a non-public forum must havea reasonable relationship to a legitimate regulatory purpose.
What is the "overbroad" defense to regulation of speech?
If a regulation of speech or speech-related conduct punishes a substantial amount of protected speech, judged in relation to the regulation's plainly legitimate sweep, the regulation is facially invald unless a court has limited construction of the regulation so as to remove the threat to constitutionally protected expression (Virginia v. Hicks)
What is the Vagueness Doctrine, used in the context of Free Speech?
If a criminal law or regulation fails to give persons reasonable notice of what is prohibited, it may violate the Due Process Clause. This principle is applied somewhat strictly when First Amendment activity is involved in order to avoid the chilling effect a vague law might have on speech. (usually used for content regulations)
What is the rule for licensing officials
Under constitutional law, for a licensing scheme to be valid, such schemes must be related to an important gov't interest and contain procedural safeguards and not grant officials unbridled discretion.
What is the rule for regulating symbolic conduct?
Under constitutional law, regulation of symbolic conduct will be upheld if the regulation is w/in the constitutional power of the government, it further an important governmental interest, the governmental interest is unrelated to suppression of speech and theincidental burden on speech is no greater than necessary.
What are the unprotected categories of speech?
(i) speech that creates a clear and present danger of iminent lawless action.
(ii) speech that constitutes fighting words as defined by a narrow, precise statute.
(iii) the speech etc is obscene.
(iv) the speech constitutes defamations.
(v) the speech violates regulations against false or deceptive advertising
(vi) true threats--statements meant to communicate an intent to place an individual or group in fear of bodily harm.
What speech produces a clear and present danger of imminent lawlessness?
Speech that is directed to producing or inciting imminent lawless action, and is likely to produce or incite such action.
What is obscenity?
Obscenity is not protected speech. Obscenity is defined as a description or depiction of sexual conduct that, taken as a whole, by the average person, applying contemporary communmity standards appeals to the prurient interest in sex and portrays sex in a patently offensive way, and does not have serious literary, artistic, political or scientific value using a reasonable person national standard.
What is the rule for regulation of commercial speech?
Under constitutional law, commercial speech is not protected by the 1st Amendment if it is false or misleading, or advertises unlawful activity, otherwise a regulation of commercial speech is valid if the regulation serves a substantial government interest, directly advances the interest, and is narrowly tailored to serve the interest.
What is the rule regarding prior restraints?
Under constitutional law, prior restraints on speech must be narrowly tailored to achieve a compelling government interest such as national security or preserving a fair trial, an injunction must be sought promptly, and there must be a final judicial determination of the validity of the restraint.
What is the rule for Freedom of Association?
Under constitutional law, infringements on the right to associate for expressive purposes may be justified by compelling state interests, unrelated to the suppression of ideas, that cannot be achieved through means significantly less restrictive of associational freedoms.
What is the free exercise clause?
Under constitutional law, the Free Exercise Clause prohibits the government from denying benefits to or imposing burdens on someone on the basis of the person’s religious belief.
What is the establishment clause?
Under constitutional law, the Establishment Clause does not permit the government to adopt a law that includes a preference for some religious sects over others unless the law is narrowly tailored to promote a compelling interest.
When will the Supreme court review state court judgments?
The spreme court may review the decisions of state courts, if and only if:
1. Case involves a matter of federal law
2. Must be a final judgment in state court
3. Must be a judgment from the highest state court capable of reviewing the matter, and
4. There must be no independent and adequate state ground on which the state court decision is based. (see page 6 in lecture handout)
What is the doctrine of abstention?
A federal court will decline to hear a case challenging state law if:
It involves a constitutional challenge to the state law, but the meaning of the state law is unsettled or unclear, or the matter is already pending before state judicial or administrative tribunals.
What is the political question doctrine?
Federal courts will not decide political questions, that is, questions which are constitutionally committed to another branch of the gov't to decide, or are beyond the competence or enforcement capbility of the judicial branch. (see examples on page 7 of the lecture handout)
What does the 11th amendment state?
Under the 11th Amendment, a private party cannot sue a state in federal court, unless:
1. The state expressly consents, or
2. Congress clearly says to to enforce 14th Amendment rights.
** a private party may sue state officers in their individual capacities for damages, and may sue state officers for injunctions against future unconstitutional action by the state.
What are the express or enumerated powers of Congress?
1. Admiralty
2. citizenship
3. bankruptcy
4. federal property
5. patents and copyright
6. post offices
7. coining money
8 the territories and D.C.
9. war
10. raising and supporting armies
11. Commerce power
12. taxing and spending for the general welfare.
What is congress's commerce power?
Congress may regulate not only obvious interstate commercial activity such as goods moving across state lines and the use of interstate instrumentalities such as the mails or the phone system. It may also regulate purely local and intrastate activities which, by themselves or repeated by others, substantially affect interstate commerce.
What may congress do pursuant to the commerce power to get states to do what it wants them to do?
1. regulate directly if w/in commerce power.
2. Threaten preemption.
3. Influence states with money under the taxing and spending power.
What is the taxing power?
Congress may use the taxing power to regulate and prohibit behavior so long as the statute is capable of raising some revenue.
What are the limitations on congress' delegation power?
Congress may boradly delegate legislative powers to administrative agencies so long as Cnogress sets forth some intelligible principle, or some standards, to guide the exercise of the delegated power.
What is preemption?
Federal law preempts or prevails over any INCONSISTENT state law; preemption can be express or implied. Implied preemption: Where it is impossible to comply w/ both the state and federal law, or where Congress has passed such extensive regulation in an area that it meant to "occupy the field."
What is the Privileges and Immunities clause rule?
States may not discriminate against out of state citizens wrt commercial activities (employment, dealings in property or K) or the enjoyment of civil liberties.
What is the "dormant commerce clause?"
WHere congress has not acted, state law may still be invalid if it discriminates against or unreasonably burdens interstate commerce, unless the state was a market participant, acting as a buyer or seller of commondities or service.
What are the rules for state taxation of interstate commerce?
To be valid, a state tax on interstate commerce must meet 3 requirements:
1. It must be non-discriminatory
2. THe activity, person, or thing taxed must have a substantial nexus to the state {there must be an actual presence in the state}, and the tax must not be unreasonably burdensome (proportioned to the company's business done in the state or benefits received in the state.)
What Amendment applies to ALL actors, including private individuals?
13th Amendment -- prohibits slavery
What is an ex post facto law? What is the rule?
An ex post facto law is any (criminal) legislation that:
1. makes criminal today something done legally on a prior day.
2. increses punishment after a crime is committed
3. Reduces evidentiary requirement for conviction after crime is committed.
The Gov't (state or federal) is prohibited from passing ex post facto laws.
What does the ban on bills of attainder do?
Prohibits any federal or state legislation that inflicts punishment, civil or criminal, on named individals or ascertaineable members of a group w/out a trial.
What is the rule for procedural due process?
PDP concerns how the government acts. If the government deprives a person of life, liberty or property, it must follow procedures to insure it is acting fairly and accurately. This means some kind of notice and an opportunity to be heard (hearing). PDP applied to adjudicative type acts, not legislation.
What is the analysis for Procedural due process?
Ask: 1. Was there a deprivation of a life liberty or property interest?
What falls under the "fighting words" category of unprotected speech?
"Fighting words" are words which by their very utterance inflict injury or tend to incite an immediate breach of the peace.
What are the rules for regulating school speech?
1. Schools may prescribe course content, including what articles appear in a journalism course's newspaper. SO long as there is a reasonable pedagogical basis for the school's decisions, they do not violate the 1st amendment rights of students.
2. A school may set standards of decency in discourse at the school.
3. In a non-curricular setting (lunchroom/hallways) a school may punish/restrict speech which materially disrupts school activities.
What is the LEMON test for the establishment clause?
Under Constitutional law and LEMON, a government action violates the establishment clause if its primary purpose is not secular, if its primary function advanes religions, or if it creates excessive entangelment between gov't and religion.