First Amendment Flashcards

(34 cards)

0
Q

Mitchell v. Helms

A

2000
Establishment clause
Government Giving Internet and computers to private schools is constitutional

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1
Q

Lemon v. Kurtzman

A

1971
Establishment clause
No subsidization of religious schools without clearly secular purpose.

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2
Q

Aguilar v. Felton

A

1985
Establishment clause
Special education aid to religious schools was unconstitutional.
Later over turned

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3
Q

Agostini v. Felton

A

1997
Establishment clause
Overturns Aguolar v. Felton (1985)
Aid for special education is constitutional.

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4
Q

Gitlow v. New York

A

1925
14th amendment. Bill of rights Applies to the states.
Incorporation theory

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5
Q

Zelman v. Simmons-Harris

A

2002
Establishment Clause
voucher program is constitutional because it allows choice between public or private school.

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6
Q

Engel v. Vitale

A

1962
Establishment clause
School Prayers are unconstitutional
Unnecessary entanglement

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7
Q

Abington School District v. Schempp

A

1963
Establishment clause
Outlaws bible readings over the PA system in public school

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8
Q

Wallace v. Jaffree

A

1985
Establishment clause
Moments of silence expressly for prayer are not allowed.
Other purposes are allowed.

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9
Q

Lee v. Weismann

A

1992
Establishment clause
No prayer by a church official at graduation or commencement ceremonies

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10
Q

Stone v. Graham

A

1980
Establishment Clause
Ten Commandments cannot be posted with religious intent.

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11
Q

Epperson v. Arkansas

A

1968
Establishment clause
Teaching evolution may not be prohibited in anyway

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12
Q

Edwards v. Aguillard

A

1987
Establishment clause
Biblical creation may not be taught alongside evolution as scientific.

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13
Q

Oregon v. Smith

A

1990
Free exercise clause
Oregon could deny unemployment benefits to people fired for religious drug use.

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14
Q

City of Boerne v. Flores

A

1997
Free exercise clause
Repealed the Religious Freedom Restoration Act because it intruded on states’ reserved police powers.

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15
Q

Nebraska Press Association v. Stewart

A

1976

Prior restraint requires a lot of justification.

16
Q

New York Times v. USA

A

1971

Pentagon Papers case.
Newspapers can publish whatever they want. But they may face prosecution afterwards.

17
Q

Tinker v. Des Moines

A

1969

Symbolic Speech is protected by the Constituition and first amendment

18
Q

Texas v. Johnson

A

1989

Burning the American flag is protected as Symbolic Speech
*in peaceful protest

19
Q

Hurley v. Irish-American Gay, Lesbian, and Bisexual Group of Boston

A

1995

Hurley could exclude the LGBT community from the St. Patrick’s Day parade as part of their freedom of speech

20
Q

Virginia v. Black

A

2003

Burning a cross is prohibited because it is an act of terrorism by the KKK

21
Q

Virginia Board of Pharmacy v. Virginia Citizens Consumer Group Counil

A

1976
Advertisements are speech
Commercial speech

22
Q

Schneck v. United States

A

1919
Communist guy got cockblocked
Clear and present danger test

23
Q

Brandenburg v. Ohio

A

1969

KKK leader’s conviction overturned because his actions did not invite immediate violence.

24
Miller v. California
1973 | Obscenity is not constitutional
25
Osborne v. Ohio
1990 | Child porn is obscene and illegal
26
University of Wisconsin v. Southworth
2003 Reversed the unconstitutional ruling against the Children's Internet Protection Act. Public school and libraries must have adult content filters
27
Doe v. University of Michigan
1989 | Students may engage in hate speech if they want to.
28
New York Times v. Sullivan
1964 | A publication is only libelous if the victim can prove actual malice.
29
Gannet Co. v. De Pasquale
1979 | Judges may impose a gag order if there is a threat to the accused's right to a fair trial. Pretrials only.
30
Richmond Newspapers v. Virginia
1980 | Actual trials must be open to the public except under unusual circumstances
31
Smith v. Collin
1978 Nazis can march through the Jewish Neighborhoods Unconstitutional to prevent them from peacefully assembling.
32
City of Chicago v. Morales
1999 Unconstitutional to prevent gang members from loitering because the specific law left too much up to the police to decide what loitering was
33
Reynolds v. USA
1878 Establishment ? Supremacy clause. Religious duty is not legal grounds for polygamy. Constitutional is above religious doctrine