Speech & Religion

Question 1

Prohibits government from establishing a religion; government must be neutral toward religion -> about questions that ask whether government can do something

Answer 1

Establishment Clause

Question 2

Protects citizens’ right to believe in their religions as they please, so as long as the belief does not run afoul of public morals or a compelling government interest -> about questions that ask whether individuals/people can do something

Answer 2

Free Exercise Clause

Question 3

Issue: Does the reading of a nondenominational prayer at the start of a school day violate the establishment clause of 1st amendment?
Outcome: Yes, state cannot hold prayers in public schools, even if participation is not required & the prayer is not tied to a particular religion (unconstitutional)

Answer 3

Engel v Vitale

Question 4

Issue: Did Wisconsin’s requirement that all parents send their children to school at least until age 16 violate the First Amendment by criminalizing the conduct of parents who refused to send their children to school for religious reasons?
Outcome: The Court held that individual’s interests in the free exercise of religion under the First Amendment outweighed the State’s interests in compelling school attendance beyond the eighth grade. -> Yoders and free exercise clause constitutional

Answer 4

Wisconsin v Yoder

Question 5

Protects 1) religion, 2) speech, 3) press, 4) assembly, 5) redress of grievances

Answer 5

1st amendment

Question 6

Speech directed at the violent overthrow of government. It includes speech attacking basic institutions of government, including particular governmental leaders

Answer 6

Seditious speech

Question 7

A defamatory statement that is written

Answer 7

Libel

Question 8

A defamatory statement that is oral

Answer 8

Slander

Question 9

Consists of nonverbal, nonwritten forms of communication, such as flag burning, wearing armbands, and burning of draft cards

Answer 9

Symbolic speech

Question 10

Refers to a narrow category of pornography that violates contemporary community standards and has no serious literary, artistic, political or scientific value

Answer 10

Obscenity

Question 11

Abusive or threatening speech or writing that expresses prejudice against a particular group, especially on the basis of race, religion, or sexual orientation

Answer 11

Hate Speech

Question 12

Allows government to limit speech when it is likely to incite immediate violence or retaliation by the recipients of the words

Answer 12

Fighting Words

Question 13

Issue: Did Schenck’s conviction under the Espionage Act for criticizing the draft violate his First Amendment right to freedom of speech?
Outcome: The Court held that the Espionage Act did not violate the First Amendment and was an appropriate exercise of Congress’ wartime authority. (constitutional) -> His speech created a clear and present danger to the country, so congress has the right to limit it.

Answer 13

Schenck v U.S.

Question 14

Speech advocating illegal conduct is protected under the First Amendment unless the speech is likely to incite “imminent lawless action.”

Answer 14

Clear and Present Danger doctrine

Question 15

Issue: Does a prohibition against the wearing of armbands in public school, as a form of symbolic protest, violate the students’ freedom of speech protections guaranteed by the 1st amendment?
Outcome: Yes, the Supreme Court held that the armbands represented pure speech that is entirely separate from the actions or conduct of those participating in it (constitutional)

Answer 15

Tinker v Des Moines