First Amendment Flashcards
Mitchell v. Helms
2000
Establishment clause
Government Giving Internet and computers to private schools is constitutional
Lemon v. Kurtzman
1971
Establishment clause
No subsidization of religious schools without clearly secular purpose.
Aguilar v. Felton
1985
Establishment clause
Special education aid to religious schools was unconstitutional.
Later over turned
Agostini v. Felton
1997
Establishment clause
Overturns Aguolar v. Felton (1985)
Aid for special education is constitutional.
Gitlow v. New York
1925
14th amendment. Bill of rights Applies to the states.
Incorporation theory
Zelman v. Simmons-Harris
2002
Establishment Clause
voucher program is constitutional because it allows choice between public or private school.
Engel v. Vitale
1962
Establishment clause
School Prayers are unconstitutional
Unnecessary entanglement
Abington School District v. Schempp
1963
Establishment clause
Outlaws bible readings over the PA system in public school
Wallace v. Jaffree
1985
Establishment clause
Moments of silence expressly for prayer are not allowed.
Other purposes are allowed.
Lee v. Weismann
1992
Establishment clause
No prayer by a church official at graduation or commencement ceremonies
Stone v. Graham
1980
Establishment Clause
Ten Commandments cannot be posted with religious intent.
Epperson v. Arkansas
1968
Establishment clause
Teaching evolution may not be prohibited in anyway
Edwards v. Aguillard
1987
Establishment clause
Biblical creation may not be taught alongside evolution as scientific.
Oregon v. Smith
1990
Free exercise clause
Oregon could deny unemployment benefits to people fired for religious drug use.
City of Boerne v. Flores
1997
Free exercise clause
Repealed the Religious Freedom Restoration Act because it intruded on states’ reserved police powers.
Nebraska Press Association v. Stewart
1976
Prior restraint requires a lot of justification.
New York Times v. USA
1971
Pentagon Papers case.
Newspapers can publish whatever they want. But they may face prosecution afterwards.
Tinker v. Des Moines
1969
Symbolic Speech is protected by the Constituition and first amendment
Texas v. Johnson
1989
Burning the American flag is protected as Symbolic Speech
*in peaceful protest
Hurley v. Irish-American Gay, Lesbian, and Bisexual Group of Boston
1995
Hurley could exclude the LGBT community from the St. Patrick’s Day parade as part of their freedom of speech
Virginia v. Black
2003
Burning a cross is prohibited because it is an act of terrorism by the KKK
Virginia Board of Pharmacy v. Virginia Citizens Consumer Group Counil
1976
Advertisements are speech
Commercial speech
Schneck v. United States
1919
Communist guy got cockblocked
Clear and present danger test
Brandenburg v. Ohio
1969
KKK leader’s conviction overturned because his actions did not invite immediate violence.
Miller v. California
1973
Obscenity is not constitutional
Osborne v. Ohio
1990
Child porn is obscene and illegal
University of Wisconsin v. Southworth
2003
Reversed the unconstitutional ruling against the Children’s Internet Protection Act. Public school and libraries must have adult content filters
Doe v. University of Michigan
1989
Students may engage in hate speech if they want to.
New York Times v. Sullivan
1964
A publication is only libelous if the victim can prove actual malice.
Gannet Co. v. De Pasquale
1979
Judges may impose a gag order if there is a threat to the accused’s right to a fair trial. Pretrials only.
Richmond Newspapers v. Virginia
1980
Actual trials must be open to the public except under unusual circumstances
Smith v. Collin
1978
Nazis can march through the Jewish Neighborhoods
Unconstitutional to prevent them from peacefully assembling.
City of Chicago v. Morales
1999
Unconstitutional to prevent gang members from loitering because the specific law left too much up to the police to decide what loitering was
Reynolds v. USA
1878
Establishment ?
Supremacy clause.
Religious duty is not legal grounds for polygamy.
Constitutional is above religious doctrine
