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West Virginia v. Barnette |
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Law forcing students to say pledge. Unconstitutional because of free speech clause in 1st amendment (not allowing free excercise of religion) |
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Everson v. Board of Education |
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Reimbursing for bus rides. Constitutional because money was reimbursed to everyone equally, regardless of religion. |
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If you were teaching a non-religious subject at a private school in RI, PA/RI would reimburse part of your salary. Unconstitutional. Not seperation of church and state. Lemon Test created (secular purpose, etc.) |
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Put a nativity scene inside court. Unconstitutional because the Gov. was non-secular because only the nativity scene was inside. |
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sued commission of education b/c of prayer in school. Unconstitutonal because it promoted a religion in a public school. Againts establishment cause even though it was a voluntary prayer. |
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NY school allowed people out at a certain time for their religion. Is it ok to release you? Yes, as long as you are not in school. |
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Employment Division v. Smith |
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2 people were fired b/c of using drugs during a religious ceremony. Denied unemployment benefits. Can you deny it b/c of drugs from a religious activity. Yes, because they are still using drugs. |
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Teachers were told to teach about evolution and creation science from Bible. Unconstitutional because it does not pass the Lemon Test. |
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Schenck sent letters discouraging people from supporting the war with the letters. Is this free speech? No, it is not b/c of Espionage Act and Clear & Present Danger Act. |
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calling for violent overthrow of gov. and says 14th amendment protects it. No, federal law is higher than state laws for Liberty. Selective Incorporation for the first time. |
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Decided to wear black bands to school to protest Vietnam War. Suspended. Constitutional to wear bands but rights are limited during school. But principle failed to show how it disrupted education. |
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Bethel School District v. Fraser |
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School Assembly at school and Fraser used graphic language and was suspended. It was ok to suspend him because there shouldn't be obscenity at school. |
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Principal reviewed articles and takes out articles. Not violating 1st amendment because the school district had to protect students. Prior restraint |
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sending obscene material not protected. Miller Test made |
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Johnson burned a flag for protest, but it was against TX law. Constitutional to burn flag. |
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