First Amendment Flashcards

0
Q

Mitchell v. Helms

A

2000
Establishment clause
Government Giving Internet and computers to private schools is constitutional

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1
Q

Lemon v. Kurtzman

A

1971
Establishment clause
No subsidization of religious schools without clearly secular purpose.

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2
Q

Aguilar v. Felton

A

1985
Establishment clause
Special education aid to religious schools was unconstitutional.
Later over turned

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3
Q

Agostini v. Felton

A

1997
Establishment clause
Overturns Aguolar v. Felton (1985)
Aid for special education is constitutional.

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4
Q

Gitlow v. New York

A

1925
14th amendment. Bill of rights Applies to the states.
Incorporation theory

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5
Q

Zelman v. Simmons-Harris

A

2002
Establishment Clause
voucher program is constitutional because it allows choice between public or private school.

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6
Q

Engel v. Vitale

A

1962
Establishment clause
School Prayers are unconstitutional
Unnecessary entanglement

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7
Q

Abington School District v. Schempp

A

1963
Establishment clause
Outlaws bible readings over the PA system in public school

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8
Q

Wallace v. Jaffree

A

1985
Establishment clause
Moments of silence expressly for prayer are not allowed.
Other purposes are allowed.

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9
Q

Lee v. Weismann

A

1992
Establishment clause
No prayer by a church official at graduation or commencement ceremonies

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10
Q

Stone v. Graham

A

1980
Establishment Clause
Ten Commandments cannot be posted with religious intent.

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11
Q

Epperson v. Arkansas

A

1968
Establishment clause
Teaching evolution may not be prohibited in anyway

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12
Q

Edwards v. Aguillard

A

1987
Establishment clause
Biblical creation may not be taught alongside evolution as scientific.

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13
Q

Oregon v. Smith

A

1990
Free exercise clause
Oregon could deny unemployment benefits to people fired for religious drug use.

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14
Q

City of Boerne v. Flores

A

1997
Free exercise clause
Repealed the Religious Freedom Restoration Act because it intruded on states’ reserved police powers.

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15
Q

Nebraska Press Association v. Stewart

A

1976

Prior restraint requires a lot of justification.

16
Q

New York Times v. USA

A

1971

Pentagon Papers case.
Newspapers can publish whatever they want. But they may face prosecution afterwards.

17
Q

Tinker v. Des Moines

A

1969

Symbolic Speech is protected by the Constituition and first amendment

18
Q

Texas v. Johnson

A

1989

Burning the American flag is protected as Symbolic Speech
*in peaceful protest

19
Q

Hurley v. Irish-American Gay, Lesbian, and Bisexual Group of Boston

A

1995

Hurley could exclude the LGBT community from the St. Patrick’s Day parade as part of their freedom of speech

20
Q

Virginia v. Black

A

2003

Burning a cross is prohibited because it is an act of terrorism by the KKK

21
Q

Virginia Board of Pharmacy v. Virginia Citizens Consumer Group Counil

A

1976
Advertisements are speech
Commercial speech

22
Q

Schneck v. United States

A

1919
Communist guy got cockblocked
Clear and present danger test

23
Q

Brandenburg v. Ohio

A

1969

KKK leader’s conviction overturned because his actions did not invite immediate violence.

24
Q

Miller v. California

A

1973

Obscenity is not constitutional

25
Q

Osborne v. Ohio

A

1990

Child porn is obscene and illegal

26
Q

University of Wisconsin v. Southworth

A

2003
Reversed the unconstitutional ruling against the Children’s Internet Protection Act. Public school and libraries must have adult content filters

27
Q

Doe v. University of Michigan

A

1989

Students may engage in hate speech if they want to.

28
Q

New York Times v. Sullivan

A

1964

A publication is only libelous if the victim can prove actual malice.

29
Q

Gannet Co. v. De Pasquale

A

1979

Judges may impose a gag order if there is a threat to the accused’s right to a fair trial. Pretrials only.

30
Q

Richmond Newspapers v. Virginia

A

1980

Actual trials must be open to the public except under unusual circumstances

31
Q

Smith v. Collin

A

1978
Nazis can march through the Jewish Neighborhoods
Unconstitutional to prevent them from peacefully assembling.

32
Q

City of Chicago v. Morales

A

1999
Unconstitutional to prevent gang members from loitering because the specific law left too much up to the police to decide what loitering was

33
Q

Reynolds v. USA

A

1878
Establishment ?
Supremacy clause.

Religious duty is not legal grounds for polygamy.
Constitutional is above religious doctrine