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FL & Fed Const Law Bar Exam 2020 > First Amendment - Freedom of Association & Freedom of Religion > Flashcards

First Amendment - Freedom of Association & Freedom of Religion Flashcards

1
Q

Freedom of Association

A

Protected by 1st Amend.

  • Protects the right to form or participate in any group w/out restriction
  • NOT an absolute right
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2
Q

Freedom of Association - Public Employment

A

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

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3
Q

Freedom of Association - Public Employment

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

A

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
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4
Q

Freedom of Association - Public Employment

Loyalty Oaths

A

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
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5
Q

Freedom of Association - Bar Membership

A

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
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6
Q

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

A

Must meet strict Scrutiny

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7
Q

Freedom of Association - Requiring Disclosure of Group Association

A

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

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8
Q

Freedom of Association - Laws Prohibiting Groups from Discriminating

A

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
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9
Q

Freedom of Religion

A

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

  1. Establishment Clause AND
  2. Free Exercise Clause
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10
Q

Freedom of Religion - Religion Defined

A

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
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11
Q

Freedom of Religion - Establishment Clause

Purpose

A

Sep. of Church & State

  • Purpose - Maintain sep. b/w church & state
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12
Q

Freedom of Religion - Establishment Clause

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

A

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
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13
Q

Freedom of Religion - Establishment Clause

Settled Areas

A
  1. Religion in Public Schools
  2. Religious Displays
  3. Gov’t Assistance to Parochial Schools
  4. Sunday closing laws
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14
Q

Freedom of Religion - Establishment Clause

Settled Areas - Religion in Public School

A

(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.
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15
Q

Freedom of Religion - Establishment Clause

Settled Areas - Religious Displays

A

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

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16
Q

Freedom of Religion - Establishment Clause

Settled Areas - Government Assistance to Parochial Schools

A

OK if assist. is not used for religious instruction

17
Q

Freedom of Religion - Establishment Clause

Settled Areas - Sunday Closing Laws

A

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

18
Q

Freedom of Religion - Establishment Clause

Public School Activities

A

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
19
Q

Freedom of Religion - Establishment Clause

Access to Public Facilities by Religious Groups

A

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
20
Q

Freedom of Religion - Establishment Clause

Government Holiday Displays

A

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

21
Q

Freedom of Religion - Establishment Clause

Tax Deductions and Aid for Parochial School Expenses

A
  • 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
22
Q

Freedom of Religion - Establishment Clause

Government Financial Assistance to Religious Institutions

A

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

23
Q

Freedom of Religion - Establishment Clause

Tax exemptions for religious organizations

A

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

24
Q

Freedom of Religion

What does the free exercise clause include?

A
  1. Freedom to believe and
  2. Freedom to act
25
Q

Freedom of Religion - Free Exercise Clause

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

A

Depends on whether religious belief or religious conduct is involved

26
Q

Freedom of Religion - Free Exercise Clause

Religious Belief

A

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
27
Q

Freedom of Religion - Free Excercise Clause

Religious Conduct

A

Religious conduct is NOT absolutely protected

  • Only state laws that intentionally target religious conduct are subj. to Strict Scrutiny
28
Q

Freedom of Religion - Free Exercise Clause

Religious Conduct - Standard of Review

A

Not absolutely protected so:

  • Neutral laws of general applic. that have incidental impact on religious conduct = Rational Basis Review
29
Q

Court can decide what in respect to religious beliefs ?

A

The sincerity of the beliefs held

FL & Fed Const Law Bar Exam 2020 (18 decks)

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