Other 1A Protections Flashcards
other 1A protections
- freedom of religion
- freedom of association
freedom of religion
protected under the Free Exercise Clause and the Establishment Clause both under 1A
free exercise clause
prohibits govt from punishing someone solely on the basis of that person’s religious beliefs or conduct
- govt action must be necessary to achieve a compelling interest, but Court has never upheld relgioius punishment under this standard
free exercise clause limitation
only applies if the purpose of govt act is to limit or interfere w/ religious practices or beliefs
- acts of general applicability (ie, not designed to regulator interfere w/ religion) are valid
establishment clause
prohibits govt acts that establish/sponsor religion or give preference to one religion over another
- Lemon test
lemon test
govt act concerning religion is only valid if:
1. there is a secular purpose behind the act,
2. act’s primary effect neither advances nor inhibits religion, and
3. act does NOT create excessive govt entangelement w/ religion
establishment clause notes
- govt powers generally may NOT be delegated to or shared w/ religious institutions
- govt aid to religious institutions generally OK if used for secular purpose w/out primary effect of advancing religion
- sponsored prayer (mandatory or voluntary) in public schools is generally invalid
freedom of association
protects the right to participate in a gathering, club, or other organization to pursue 1A protected goals
- strict scrutiny usually applies
eg, political advocacy
freedom of assocation analysis
govt interference w/ association is valid only if:
1. govt act is in pursuance of a compelling govt interst, and
2. that interest cannot be achieved by less restriction means
NOTE: this test is largely analogous to strict scrutiny
restrictions on group discrimination
a govt law or regulation may be invalid if it interferes w/ group’s expressive activities
- usually involves groups formed for expressive, non-intimate purposes (eg, NAACP, KKK)
eg, KKK not required to accept non-white members b/c this exclusion is integral to its organizational message
laws criminalizing membership
govt must prove that D
1. actively affiliated w/ group involved w/ illegal activities,
2. had knowledge of the group’s illegal activites, and
3. acted w/ specific intent of furthering those activities
disclosure requirements
strict scrutiny if chilling effect
* laws requiring disclosure of group membership must meet strict scrutiny if disclosure would have the effect of chilling association
ie, if it would inhibit group’s ability or willingness to associate
