Constitutional Law - FIRST AMENDMENT - Freedom of Association, Religion

Question 1

Freedom of Association

Answer 1

Laws that prohibit or punish group membership must meet STRICT SCRUTINY

(a) To punish membership in a group it must be proven that the person
(i) is ACTIVELY AFFILIATED with the group
(ii) has knowledge of the group’s illegal activities; and
(iii) has the SPECIFIC INTENT of furthering those illegal activities or objectives

(b) Laws that require DISCLOSURE of group membership where such disclosure would chill association, must meet STRICT SCRUTINY

(c) Freedom of Association does NOT protect the right to discriminate, UNLESS
(i) “intimate association” exception - e.g. small dinner parties
(ii) where discrimination is INTEGRAL to the EXPRESSIVE ACTIVITIES of the group
.e.g. KKK, Boy scouts allowed to discriminate

Question 2

Freedom of Religion

Answer 2

2 parts

(1) Free Exercise Clause
(2) The Establishment Clause

Question 3

Free Exercise Clause

Freedom of Religion

Answer 3

The free exercise clause cannot be used to challenge NEUTRAL LAW of general applicability
–e.g. Oregon law prohibiting the consumption of Peyote - Indians objected, law upheld bc it wasn’t aimed at them, one of general applicability

The government may NOT deny benefits to individuals who quit their jobs for religious reasons
-e.g. quit bc forced to work on Sabbath - held not allowed to deny unemployment benefits

Question 4

The Establishment Clause

Answer 4

Three Part Test to see whether something violates the Establishment Clause
SEX

(1) There must be a SECULAR Purpose for the law

(2) the primary EFFECT must be neither to advance nor inhibit religion
- e.g. county ct house nativity

(3) there must not be EXCESSIVE government entanglement with religion
- -e.g. can’t directly pay teachers salories at parochial schools bc would need to monitor what they taught

The government cannot discriminate against RELIGIOUS SPEECH or among religions unless STRICT SCRUTINY is met

Govt sponsored religious activity in public schools is unconstitutional. BUT religious student and community groups must have the SAME ACCESS to school facilities as non-religious groups

SCHOOL PRAYER, even if voluntary, is not allowed, not even a moment of silent prayer is allowed

The govt may give assistance to Parochail schools, so long as it is not USED for religious instruction. The govt may provide parents with VOUCHERS which they use in parochial schools
e.g. govt gave computer equipment to parochial schools