Civil Liberties Flashcards
civil liberties
Guaranteed to the individual
-places prohibitions on gov policy
-free speech, free press
civil rights
privileges given by the const., protecting citizens from arbitrary proscription by gov or individuals
1st amendment: freedom of religion
guaranteed by establishment clause and free exercise clause
everson vs board of education of ewing township
NJ challenged for reimbursing parents for the cost of transporting students to parochial schools
SC claimed that “busing” was a neutral activity and reimbursements were appropriate
made it clear to not favor 1 school over another
engel vs vitale
no school prayer
no nondenominational prayers
doesn’t matter what type of religion it is, no prayer is permissible
school is a state agency
students are considered impressionable and under peer pressure to conform
abington school district vs schempp
no voluntary prayers
bible reading in public schools may receive “atheist” label which is unfair
lemon vs kurtzman
3 part test for public aid to religious schools and anything else if law fails
-aid must have a secular purpose
-aid neither advances or inhibits religions
-aid does not cause excessive gov entanglement
board of education vs grumet
NY cannot create a special school district specifically for orthodox jews or any religious group
set up for handicapped children
all other children attend private religious school
group lived separately from modern world
wallace vs jaffree
moment of silence specifically intended for meditation or prayer in public schools is unconstitutional
board of education vs mergens
SC upheld Equal Access Act of 1984
-any school that receives fed funds cannot prohibit religious or political groups from meeting after school
-cant meet during school day
-cannot have school personnel involved while being paid by the state
minersville school district vs gobitis
jehovahs witness must salute the flag when saying the pledge; their religious reasons are dismissed
WV board of education vs barnette
involved jehovahs witness
overturned gobitis
no compulsion to salute
wisconsin vs yoder
mandatory public school attendance until the age of 16 violates the religious rights of the amish bc it conflicts with their lifestyle
amish say formal education does not go beyond 8th grade
reynolds vs US
questions of polygamy by the morman church in utah
SC restricted citizens to 1 marriage at a time
law restricts action not belief and is valid
oregon vs smith
2 native americans were fired for drug use in religious ceremonies
workers were denied unemployment compensation and sued the state of orgeon
SC upheld state law bc it did not directly target native americans
