9. First Amendment Freedoms Flashcards
What does the Establishment Clause prohibit?
The government cannot pass a law that formally sponsors or establishes a religion.
What analysis is applied when a government program prefers one religion over others?
Strict scrutiny analysis.
Why do religious activities conducted in public schools violate the Establishment Clause?
Their primary purpose is to promote religion.
Where is there no violation of the Establishment Clause?
all persons affected will be treated the same, without any religious preference.
List practices held invalid in public schools regarding religion.
- Prayer and bible reading
- Alabama law for silence for meditation or prayer
- Posting the Ten Commandments
- Sponsoring a rabbi for a graduation prayer
What is the constitutional status of a truly neutral moment of silence in schools?
Likely constitutional as it shows no religious preference.
Is it constitutional for a state legislature to employ a chaplain for opening day prayer?
Yes, it has been found constitutional.
Is it constitutional for a state court judge to conduct a daily prayer?
No, it has been found unconstitutional.
Are high school students allowed to vote on a student-delivered invocation at football games?
No, it is impermissible as it would be forced on all present.
What did the Supreme Court rule regarding a state university’s prohibition on religious organizations using facilities?
It violated free speech under the First Amendment.
What did the Supreme Court rule about prohibiting a religious club from meeting in a public school?
It amounted to religious viewpoint discrimination and violated the Free Speech Clause.
What was held regarding a prohibition against showing religious films at a school?
It violated free speech.
What did the Court rule about funding a student publication addressing religious issues?
It violated free speech.
What is the status of anti-evolution laws in public schools?
They are unconstitutional.
What is the constitutional status of displays celebrating the holiday season without favoring one religion?
Generally upheld.
What was the ruling on placing a cross in a state-owned park in front of the State Capitol?
It did not violate the Establishment Clause.
What did the Court say about opening town board meetings with sectarian prayers?
It was held permissible with no discrimination in prayer selection.
What was the ruling on a granite monument of the Ten Commandments in a park?
It was held constitutional.
What is the status of Sunday closing laws?
They have been upheld as having an incidental benefit to religion.
What did the Court rule about blue laws giving churches veto power over liquor licenses?
They were held unconstitutional due to excessive government entanglement.
Can a city deny a religious organization’s request for a ceremonial flag if it has accepted secular requests?
No, it cannot deny such a request.
What is the ruling on property tax exemptions for religious institutions?
The Supreme Court upheld their validity.
What did the Court rule about tax exemptions for religious magazines and books?
It violates the Establishment Clause.
What is the status of government aid to parochial schools?
Most direct aid has been held to violate the Establishment Clause.