civil liberties

Question 1

Engle v. Vitale

Answer 1

Freedom of religion: Background: The New York State Board of Regents authorized a short, voluntary prayer for at the start of each school day.
Constitutional Question: Does the reading of a nondenominational prayer at the start of school violate the “establishment of religion” clause of the First Amendment?
6–1 DECISION FOR ENGEL
MAJORITY OPINION BY HUGO L. BLACK
The state cannot hold prayers in public schools, even if participation is not required and the prayer is not tied to a particular religion.

Question 2

Lemon V. Kurtzman

Answer 2

Freedom RI and PA adopted statues to provided the states to pay for the aspect of a non-secular, private school. Constitutional Question: Does using tax money to pay for non-public, non-secular schools violate the Establishment Clause of the First Amendment?
8–1 DECISION FOR LEMON
Violates the Establishment Clause (Separation of Church and State)
Created the Lemon Test

Question 3

Lemon testAbington, Pa. v. Schemp

Answer 3

• must be secular
  -cannot advance or inhibit religion
  -cannot create excessive government “entanglement” with th religion

Question 4

winsconsin v. yoder

Answer 4

A state law requiring that children attend school past eighth grade violates the parents’ constitutional rights to direct the religious upbringing of their children.

Question 5

Schenck v. Us

Answer 5

During World War I, socialists Charles Schenck distributed leaflets declaring that the draft violated the Thirteenth Amendment.
The leaflets urged the public to disobey the draft, but advised only peaceful action. Schenck was convicted of violating the Espionage Act of 1917
He appealed on the grounds that the statute violated the First Amendme
Did Schenck’s conviction under the Espionage Act for criticizing the draft violate his First Amendment right to freedom of speech?
the espionage act does not violate the constitount
-clear and present danger