First Amendment Midterm

Question 1

Braunfeld v. Brown

Answer 1

1961

Orthodox Jew can’t open shop on Sunday: law has a secular purpose (restricts FE)

Question 2

Sherbert v. Verner

Answer 2

1963

Woman can’t be denied unemployment for not working on her Sabbath (est. Sherbert Test)

Question 3

Sherbert test

Answer 3

Government can’t burden religion unless there’s a compelling state interest & least restrictive means

Question 4

Wisconsin v. Yoder

Answer 4

1972

Amish kids don’t have to go to school: high water mark for free exercise

Question 5

Employment Division v. Smith

Answer 5

1990

people can’t use illegal drug for religious purposes, clamps down on religious freedom and reverses Sherbert

Question 6

RFRA

Answer 6

1993

Congress restores Sherbert test, makes it easier for free exercise exemptions to law / govt burdens on religion

Question 7

Marsh v. Chambers

Answer 7

1983

NE legislature can open with prayer (historical precedent)

Question 8

Town of Greece v. Galloway

Answer 8

2014

town council can open with prayer as well

Question 9

Lynch v. Donnelly

Answer 9

1984
nativity scene is OK
est. endorsement test

Question 10

County of Allegheny v. ACLU

Answer 10

1989

religious display is only OK if surrounded by other religions or secular stuff (menorah)

Question 11

Stone v. Graham

Answer 11

1980

10 commandments in schools not OK

Question 12

McCreary County v. ACLU

Answer 12

2005

10 commandments in courthouse not OK even with surrounding objects

Question 13

Van Orden v. Perry

Answer 13

2005

10 commandments in TX OK because surrounded by historical artifacts (same day as McCreary and contradicts)

Question 14

Lane Photography v. Willock

Answer 14

2013

SC doesn’t hear; state ruling says human rights law means photog can’t refuse to photo SSM wedding

Question 15

Hobby Lobby v. Burwell

Answer 15

2014

this isn’t the least restrictive means to pursue compelling state interest of giving contraceptives access

Question 16

Obergfelle v. Hodges

Answer 16

2015

legalizes SSM

Question 17

City of Boerne v. Flores

Answer 17

1997
church can’t violate general state zoning laws
RFRA can’t apply to the states

Question 18

Gonzalez v. O Centro Espiritu

Answer 18

2006
church can use illegal drug in religious tea
RFRA applied federally, RFRA victory

Question 19

Christian Legal Society v. Martinez

Answer 19

2010

student group all-comers policy is OK because neutral for viewpoints

Question 20

Reynolds v. US

Answer 20

1879
separates belief and action
polygamy action not protected

Question 21

Cantwell v. Connecticutt

Answer 21

1940
JW preaching door to door protected by first amendments
incorporates the free exercise clause to states

Question 22

Minersville v. Gobitis

Answer 22

1940
JW kids not saluting flag is not protected - national interest of national unity
departs from Cantwell precedent the same year

Question 23

West Virginia v. Barnette

Answer 23

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

Question 24

Everson v. Board of Education

Answer 24

1947
public transport to school program can be used for religious schools - general program
incorporates establishment clause to states

Question 25

McCollum v. Board of Education

Answer 25

1948

release time program isn’t OK - violates est. clause

Question 26

Zorach v. Clauson

Answer 26

1952

release program is OK if off-campus, not in govt buildings

Question 27

Lemon v. Kurtzman

Answer 27

1971
public funding for materials, teacher salaries in public schools violates est. clause
establishes Lemon Test

Question 28

Lemon Test

Answer 28

to not violate the establishment clause, statutes must have a secular purpose, primary effect isn’t burdening religion, and can’t foster excessive entanglement

Question 29

Engel v. Vitale

Answer 29

1962

rejects nondenominational voluntary school prayer

Question 30

William v. Jaffree

Answer 30

1985

moment of silence also violates est. clause

Question 31

Lee v. Weisman

Answer 31

1992

clergy in public school ceremonies also violate est. clause