1st amendment freedom of expression (religious)

Question 0

what is the analysis for freedom of religion

Answer 0

1. does the regulation affect a “fundamental tenet of a sincerely held religious belief”

Question 1

what does the free exercise clause of 1st amendment do?

Answer 1

prohibits the government from punishing someone on the bassi of that persons religious beliefs.
Punishments: imposing burden on one that doesn’t apply to others that do not share that religious belief
Is xxxx mandate or regulation intended to discriminate against X on basis of religious beliefs?

Question 2

what is the test for the establishment clause for freedom of religion?

Answer 2

an action challenged under the establishment clause will be found invalid unless the action:
1. has secular purpose
2. has a primary effect that neither advances nor inhibits religion
AND
3. does not produce excessive government entanglement
(LEMON TEST)

Question 3

is there a right to use a public forum for expression of protected first amendment activities?

Answer 3

yes.

Question 4

what level of scrutiny is applied to the free exercise clause?

Answer 4

STRICT SCRUTINY:
if the burden on religion is based on intent (ex. the regulation is targeted to a religious belief or expression, meaning that hte purpose of the government action is to negatively affect a particular type of conduct bc that conduct is dictated by religion, such regulations are rarely upheld) then strict scrutiny is applied.
If FACIALLY NEUTRAL:
three part test:
1. is there a sincerely held religious belief?
2. is that belief burdened by the regulation or order?
3. can it be justified?
1. Necessary to important state goal and
2. fulfillment of the goal would be substantially hindered without the regulation
If statute is facially neutral, but has burdensome effect on religious conduct or beliefs, the state may still be required to permit an exception to the law.

Question 5

when is a religious belief sincerely held?

Answer 5

it need not arise from a traditional or even organized religion, facts determine

Question 6

what does the establishment clause do?

Answer 6

prohibits laws respecting the establishment of religion

Question 7

how are activities evaluated under the establishment clause?

Answer 7

the three part Lemon test:

1. Secular purpose
2. primary effect that neither advances nor inhibits religion
3. whether it produces excessive government entanglement in matters of religion.

Question 8

what is the free exercise clause?

Answer 8

forbids enactment of laws or other state actions that prohibit the free exercise of religion or punish someone on the basis of that persons religious beliefs.

Question 9

what is the level of scrutiny for free exercise clause?

Answer 9

strict scrutiny for facially discriminatory
Non facially discriminatory:
1. sincerely held religious belief
2. that belief is burdened by order/ reguation
if burden, then
3. in order to justify, must show 1. regulation is necessary to important state goal, 2 the fulfillment of that goal would be substantially hindered without the regulation

Question 10

what argument might the state have if it does not pass a free exercise or establishment clause analysis?

Answer 10

may argue they are entitled to prohibit or regulate conduct in general, and that is true even if the prohibition has incidental effect on persons’ religious practices. Usually criminal and tax laws, but executive orders on exams could be mentioned.