First Amendment - Freedom of Association & Freedom of Religion Flashcards
Freedom of Association
Protected by 1st Amend.
- Protects the right to form or participate in any group w/out restriction
- NOT an absolute right
Freedom of Association - Public Employment
Can’t be denied public employment based on membership in political org.
Freedom of Association - Public Employment
Test - When may a person be punished or deprived of pub. employment based on political association?
If that individual:
- Is an active member of a subversive org.
- Has knowledge of the org. illegal activity and
- Has a specific intent to further those illegal objectives
Freedom of Association - Public Employment
Loyalty Oaths
Pub. Employees may be required to take loyalty oaths
- promising that they will support the const. &
- oppose the forceful, violent, or illegal or unconst. overthrow of the gov’t
Freedom of Association - Bar Membership
Admission can’t be denied on the basis of political assoc.
- Unless,
- the candidate knowingly belongs to a subversive org. with specific intent to further its illegal ends
- State can deny membership to pers. who refuses to answer questions about political affiliations if that refusal obstructs the investigation of the candidates qualifications
Freedom of Association - What standard must prohibition on Group Membership meet?
Must meet strict Scrutiny
Freedom of Association - Requiring Disclosure of Group Association
Strict Scrutiny Required b/c if ppl know their association might be disclosed, they may not associate expressively in the first place
Freedom of Association - Laws Prohibiting Groups from Discriminating
Valid, unless group is an intimate assoc. (small group) or if discrim. is integral to the purpose of the group
- Intimate Association (dinner party) OR
- Discrim. is integral to purpose of the Group
- SCOTUS held that forced inclusion of unwanted pers. violates groups FOA if including would signif. affect the groups ability to express its viewpoints
Freedom of Religion
1st Amend. contains 2 sep. & distinct clauses pertaining to religion
- Establishment Clause AND
- Free Exercise Clause
Freedom of Religion - Religion Defined
Religion does not need to be recog. or gen. accepted religion
- Only requires indiv. who practices it has a genuine belief or practices of a religion
Freedom of Religion - Establishment Clause
Purpose
Sep. of Church & State
- Purpose - Maintain sep. b/w church & state
Freedom of Religion - Establishment Clause
How is it determined whether a particular program violates the Establishment Clasue ?
3 Part Test - A gov’t action that benefits religion is valid if:
- It has a secular purpose
- Its principal or primary effect neithr advances nor inhibits religion AND
- It doesn’t result in excessive gov’t entanglement with religion
Freedom of Religion - Establishment Clause
Settled Areas
- Religion in Public Schools
- Religious Displays
- Gov’t Assistance to Parochial Schools
- Sunday closing laws
Freedom of Religion - Establishment Clause
Settled Areas - Religion in Public School
(School Prayer)
If gov’t attempt to introduce religion into pub. schools
- will likely violate est. clause
- BUT school can provide access to school facilities to religious groups if nonreligious groups have equal access
School Prayer
- SCOTUS held officially sponsored prayed in pub. school violate est. clause of 1st amend.
Freedom of Religion - Establishment Clause
Settled Areas - Religious Displays
Displays of religious themes OK if relig. symbols are surrounded by prim. secular symbols.
Freedom of Religion - Establishment Clause
Settled Areas - Government Assistance to Parochial Schools
OK if assist. is not used for religious instruction
Freedom of Religion - Establishment Clause
Settled Areas - Sunday Closing Laws
Law requiring merchants to close on sundays don’t violate est. clause if the motive for the law is secular even if orig. motive was religious
Freedom of Religion - Establishment Clause
Public School Activities
Religious activities in public sch. violate the est. clause, including
- Prayer and bible reading
- designated period of silence for meditation or vol. prayer
- Nondenominational prayer led by cleric at grad. ceremony
- Posting 10 commandments on pub. sch. classroom wall
- Prohibiting the teaching of darwinism or mandating that teaching be accompanied by creation science
Freedom of Religion - Establishment Clause
Access to Public Facilities by Religious Groups
Religious org. can use pub. sch. facilities when classes arent in session if:
- Sch. allows student groups or org. to use the facilities
- Prohibiting b/c of the religious topics that would be discussed, would violate the 1st amendment guar. of free speech
Freedom of Religion - Establishment Clause
Government Holiday Displays
Will be upheld unless reas. observer would conclude that the display is an endorsement of religion
Freedom of Religion - Establishment Clause
Tax Deductions and Aid for Parochial School Expenses
- Tax deductions given to reimburse tutition expenses only for parents of students in religious schools are invalid
- Giving parents tuition vouchers to assis them in paying religious school tuition doesn’t violate the establishment clause if:
- the choice whether to use the voucher for religious or non religious priv. sch. tuition lies with the parents
Freedom of Religion - Establishment Clause
Government Financial Assistance to Religious Institutions
Permitted if the aid is:
- Secular in nature
- Used only for secular purpose AND
- when the aid is distributed among secular and religious institutions
- Distribution criteria must be religiously neutral
Aid in form of textbooks, school lunches, cpu, bus trans. etc has been upheld
Freedom of Religion - Establishment Clause
Tax exemptions for religious organizations
Valid as being the equivalent to exemptions given to other charit. org. and therefore not advanicng or inhibiting religion
Freedom of Religion
What does the free exercise clause include?
- Freedom to believe and
- Freedom to act
