First Amendment - Freedom of Association & Freedom of Religion

Question 1

Freedom of Association

Answer 1

Protected by 1st Amend.

• Protects the right to form or participate in any group w/out restriction
• NOT an absolute right

Question 2

Freedom of Association - Public Employment

Answer 2

Can’t be denied public employment based on membership in political org.

Question 3

Freedom of Association - Public Employment

Test - When may a person be punished or deprived of pub. employment based on political association?

Answer 3

If that individual:

1. Is an active member of a subversive org.
2. Has knowledge of the org. illegal activity and
3. Has a specific intent to further those illegal objectives

Question 4

Freedom of Association - Public Employment

Loyalty Oaths

Answer 4

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

Question 5

Freedom of Association - Bar Membership

Answer 5

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

Question 6

Freedom of Association - What standard must prohibition on Group Membership meet?

Answer 6

Must meet strict Scrutiny

Question 7

Freedom of Association - Requiring Disclosure of Group Association

Answer 7

Strict Scrutiny Required b/c if ppl know their association might be disclosed, they may not associate expressively in the first place

Question 8

Freedom of Association - Laws Prohibiting Groups from Discriminating

Answer 8

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

Question 9

Freedom of Religion

Answer 9

1st Amend. contains 2 sep. & distinct clauses pertaining to religion

1. Establishment Clause AND
2. Free Exercise Clause

Question 10

Freedom of Religion - Religion Defined

Answer 10

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

Question 11

Freedom of Religion - Establishment Clause

Purpose

Answer 11

Sep. of Church & State

• Purpose - Maintain sep. b/w church & state

Question 12

Freedom of Religion - Establishment Clause

How is it determined whether a particular program violates the Establishment Clasue ?

Answer 12

3 Part Test - A gov’t action that benefits religion is valid if:

1. It has a secular purpose
2. Its principal or primary effect neithr advances nor inhibits religion AND
3. It doesn’t result in excessive gov’t entanglement with religion

Question 13

Freedom of Religion - Establishment Clause

Settled Areas

Answer 13

1. Religion in Public Schools
2. Religious Displays
3. Gov’t Assistance to Parochial Schools
4. Sunday closing laws

Question 14

Freedom of Religion - Establishment Clause

Settled Areas - Religion in Public School

Answer 14

(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.

Question 15

Freedom of Religion - Establishment Clause

Settled Areas - Religious Displays

Answer 15

Displays of religious themes OK if relig. symbols are surrounded by prim. secular symbols.

Question 16

Freedom of Religion - Establishment Clause

Settled Areas - Government Assistance to Parochial Schools

Answer 16

OK if assist. is not used for religious instruction

Question 17

Freedom of Religion - Establishment Clause

Settled Areas - Sunday Closing Laws

Answer 17

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

Question 18

Freedom of Religion - Establishment Clause

Public School Activities

Answer 18

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

Question 19

Freedom of Religion - Establishment Clause

Access to Public Facilities by Religious Groups

Answer 19

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

Question 20

Freedom of Religion - Establishment Clause

Government Holiday Displays

Answer 20

Will be upheld unless reas. observer would conclude that the display is an endorsement of religion

Question 21

Freedom of Religion - Establishment Clause

Tax Deductions and Aid for Parochial School Expenses

Answer 21

• 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

Question 22

Freedom of Religion - Establishment Clause

Government Financial Assistance to Religious Institutions

Answer 22

Permitted if the aid is:

1. Secular in nature
2. Used only for secular purpose AND
3. 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

Question 23

Freedom of Religion - Establishment Clause

Tax exemptions for religious organizations

Answer 23

Valid as being the equivalent to exemptions given to other charit. org. and therefore not advanicng or inhibiting religion

Question 24

Freedom of Religion

What does the free exercise clause include?

Answer 24

1. Freedom to believe and
2. Freedom to act

Question 25

Freedom of Religion - Free Exercise Clause

What determined the degree of protection that indiv. are afforded from gov’t interference in religion?

Answer 25

Depends on whether religious belief or religious conduct is involved

Question 26

Freedom of Religion - Free Exercise Clause

Religious Belief

Answer 26

Freedom to believe in any religion or none at all is absolutely protected and can’t be restricted by law

• Gov’t can’t deny benefits or impose burdens based on religious belief

Question 27

Freedom of Religion - Free Excercise Clause

Religious Conduct

Answer 27

Religious conduct is NOT absolutely protected

• Only state laws that intentionally target religious conduct are subj. to Strict Scrutiny

Question 28

Freedom of Religion - Free Exercise Clause

Religious Conduct - Standard of Review

Answer 28

Not absolutely protected so:

• Neutral laws of general applic. that have incidental impact on religious conduct = Rational Basis Review

Question 29

Court can decide what in respect to religious beliefs ?

Answer 29

The sincerity of the beliefs held