2015 - Mbe - Con Law - First Amendment (Association/religion)

Front 1

What standard must laws that prohibit or punish group membership meet?

Back 1

Strict scrutiny

Front 2

What are the three requirements to punish membership in a group?

Back 2

the person
1. Is actively affiliated with the group;
2. Has knowledge of the group's illegal activities; AND
3. Has the specific intent of furthering those illegal activities

Front 3

When must laws that require disclosure meet- strict scrutiny?

Back 3

where such disclosure would chill association

Front 4

When are the two times freedom of association does protect a right to discriminate?

Back 4

1. Intimate association
2. Where discrimination is integral to the expressive activities of the group

Front 5

When can the free exercise NOT be used?

Back 5

- Can't be used to challenge a neutral law of general applicability

Front 6

What three things are required to pass muster under the establishment clause?

Back 6

SEX mnemonic
1. S - There must be a secular purpose for the law
2. E - the primary effect must be neither to advance nor inhibit religion
3. X - there must not be excessive government entanglement with religion

Front 7

What standard is used when gov discriminates against religious speech?

Back 7

- Strict

Front 8

When can there be religious activity in public schools?

Back 8

- Can't be sponsored
- religious groups must have same access to school facilities as non-religious groups

Front 9

When is school prayer allowed?

Back 9

- not even voluntary
- Not even silent prayer

Front 10

When can government give assistance for parochial schools?

Back 10

- as long as it is not used for religious instruction.