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28 Cards in this Set
- Front
- Back
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What are the two parts that have to do with the freedom of religion in the US?
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Free exercise and establishment
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What in the Constitution protects our rights from the government?
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The Bill of Rights - specifically, the 14th amendment
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Reynolds vs US
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- cannot use religious duty as a cover for crime
- Mormon polygamy case |
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Oregon vs Smith
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- No unemployment benefits for unemployed bc they were using peyote
- led to govt making Religious Freedom Restoration Act |
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What did the Religious Freedom Restoration Act state?
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The government can't regulate religious activities unless they have a good reason to do so. And even then, they can only regulate with the smallest amount of restrictions possible.
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Everson vs The Board of Education
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The government cannot pass laws that hinder or inhibit religion.
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Engel vs Vitale
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Regents Prayer Case.
Supreme Court deemed stating a prayer is unconstitutional |
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Stone vs Graham
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Cannot post the 10 Commandments on school property because it had nothing to do with secular legislative purpose.
Violates Establishment Clause in First Amendment. Can use in historical context. |
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Epperson vs Arkansas
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Can't stop teacher from teaching evolution.
Cannot only teach creationism in class. Forces students to believe in religion. |
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Lemon vs Kurtzman
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State/aid money cannot go to religious reasons. Must go through Lemon test.
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What are the three parts of the Lemon test?
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1) Has to be secular/non religious
2) Can't advance or inhibit religion 3) Government cannot get too involved in religion |
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What are our unprotected rights?
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Untrue statements, pornography, obscenity, fighting words, symbolic statements
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NYT vs Sullivan
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Libelous statements were made about public officials.
Must prove that the statements were made with malice. |
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Miller vs California
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Any work that is lacking in social-cultural, artistic, and educational value is not deemed suitable for the general public.
Designed to leave it to community standards. |
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What are fighting words?
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Words so offensive, that it'll cause violence. Words with the intent to cause harm.
Must have clear and present danger. |
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Tinker vs Des Moines
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Students were said to be disruptive because they wore black arm bands in protest of the war.
Congress ruled in favor of the students. |
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Texas vs Johnson
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Allowed flag burning because it is protected by the first amendment stating that we are allowed to protest about our government.
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Schenck vs the US
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Must cause a clear and present danger
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Brandenburg vs Ohio
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Something directly will happen - an event is likely to occur
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NYT vs US
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Ruled in favor of NYT because it had to do with the present. And also, some of the stuff wasn't even supposed to be confidential.
US was mainly upset because it showed incompetence and they were embarassed of it. |
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Gitlow vs NY
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His speech had bad tendencies.
Important case because it was the first time incorporation occurred which is when the BOR is extended to the states and this is supported by the 14th amendment. |
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Griswold vs Connecticut
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First time privacy was battled.
Contraceptive/women voting. 2nd, 3rd, 4th, 5th, 9th amendment implied imitations of privacy. Got privacy for the first time |
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Roe vs Wade
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Abortion.
Ruled that Texas cant make anti-abortion law. Now it is a state oriented law. |
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Mapp vs Ohio
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Illegal search - 4th amendment
Exclusionary rate - evidence excluded, obtained illegally. Extended to the states. |
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Gideon vs Wrainwright
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6th amendment, right to face counsel.
Extended right to counsel anyone facing incarceration. |
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Miranda vs Arizona
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5th amendment, right to know of your rights and to right to not have to incriminate yourself.
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Hamdi vs Rumsfeld
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Debate over whether or not prisoners of Guantanamo Bay should get habeas corpus.
Ruled that they were. |
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Habeus corpus
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right of a detained person to challenge the legality of his or her detention before a judge
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