First Amendment Midterm Flashcards
Braunfeld v. Brown
1961
Orthodox Jew can’t open shop on Sunday: law has a secular purpose (restricts FE)
Sherbert v. Verner
1963
Woman can’t be denied unemployment for not working on her Sabbath (est. Sherbert Test)
Sherbert test
Government can’t burden religion unless there’s a compelling state interest & least restrictive means
Wisconsin v. Yoder
1972
Amish kids don’t have to go to school: high water mark for free exercise
Employment Division v. Smith
1990
people can’t use illegal drug for religious purposes, clamps down on religious freedom and reverses Sherbert
RFRA
1993
Congress restores Sherbert test, makes it easier for free exercise exemptions to law / govt burdens on religion
Marsh v. Chambers
1983
NE legislature can open with prayer (historical precedent)
Town of Greece v. Galloway
2014
town council can open with prayer as well
Lynch v. Donnelly
1984
nativity scene is OK
est. endorsement test
County of Allegheny v. ACLU
1989
religious display is only OK if surrounded by other religions or secular stuff (menorah)
Stone v. Graham
1980
10 commandments in schools not OK
McCreary County v. ACLU
2005
10 commandments in courthouse not OK even with surrounding objects
Van Orden v. Perry
2005
10 commandments in TX OK because surrounded by historical artifacts (same day as McCreary and contradicts)
Lane Photography v. Willock
2013
SC doesn’t hear; state ruling says human rights law means photog can’t refuse to photo SSM wedding
Hobby Lobby v. Burwell
2014
this isn’t the least restrictive means to pursue compelling state interest of giving contraceptives access
Obergfelle v. Hodges
2015
legalizes SSM
City of Boerne v. Flores
1997
church can’t violate general state zoning laws
RFRA can’t apply to the states
Gonzalez v. O Centro Espiritu
2006
church can use illegal drug in religious tea
RFRA applied federally, RFRA victory
Christian Legal Society v. Martinez
2010
student group all-comers policy is OK because neutral for viewpoints
Reynolds v. US
1879
separates belief and action
polygamy action not protected
Cantwell v. Connecticutt
1940
JW preaching door to door protected by first amendments
incorporates the free exercise clause to states
Minersville v. Gobitis
1940
JW kids not saluting flag is not protected - national interest of national unity
departs from Cantwell precedent the same year
West Virginia v. Barnette
1943
students have the right to refuse to salute flag/pledge —free communication, can’t compel people to believe, fixed star is freedom from govt intervening in public opinion
same situation as Gobitis - reverses
Everson v. Board of Education
1947
public transport to school program can be used for religious schools - general program
incorporates establishment clause to states
