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| 1968; burning of a draft card on steps of Boston courthouse. Court held O'Brien's conviction in a 7-1 ruling. Intermediate scrutiny is used. |
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| 1991; Regarding public nudity in Indiana. 5-4 ruling upheld the law to prohibit nude dancing because it was the state's power to protect the moral climate of the community & prohibit public nudity. |
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| 1984; Regarding overnight camping in the federal park across from the White House. Content Neutral because of the government's substantial interest in protecting the park in the heart of our capital in an attractive and intact condition. |
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| 1969; Symbolic speech used to protest US involvement in the Vietnam War. 3 high school students wearing arm bands. 7-2 decision upholding the students' alleged rights of symbolic expression protected by the 1st amendment. "It can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate. |
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| 1989; regarding a flag-burning incident in Dallas during the Republican National Convention. Texas appealed to the Supreme Court after his conviction was reversed. 5-4 majority protected Johsnon's act. "Government may not prohibit expression of an idea simply because society finds the idea disagreeable." |
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| 1990; Same 5-4 majority held the Flag Protection Act of 1989 unconstitutional. Congress was attempting to suppress "expression out of concern for its likely communicative impact." |
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| McCollum v. Board of Education |
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| 1948; Private teachers hired to teach a voluntary religious instruction in a public school. Held unconstitutional, mainly because the Champaign program utilized the state's tax-supported facilities for disseminating religious teachings and the state's compulsory attendance law to ensure a readily-available audience. |
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| 1952; Released-time program. Government schools were allowing students to be released from school property, for voluntary religious instruction (carried out by private teachers and religious instruction). Held constitutional because it was voluntary and off the public school property (and off public school hours). |
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| 1968; Bottom Line: Arkansas mandated that you couldn't teach evolution (for possibly religious reasons). In this case, they found it to be unconstitutional and violatile of the Establishment cause. |
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| 1987; In Lousiana, if you tought evolution, you had to teach the other (creationsim). They were careful not to mention religion or prayer or the bible. Thus, they did not have a motivation to promote religion. Everytime science is tought it is countered with creation theories, they are trying to discredit evolution at every turn. Strict distinction between science and religion. Declared unconstitutional because balanced treatment goes against accepted scientific treatment. |
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| 1962; suggest that prayer be recited at the beginning of each school day. Schools could choose to have this prayer recited at the beginning. This particular case, drawn up by the state and led by school authorities during curriculum hours and by consent was still unconstitutional. |
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| 1963; Regarding devotional daily bible reading. Unconstitutional. No daily bible reading, no prayer to be led by school authority |
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| 1985; Alabama had a moment of silence authorized for meditation (secular) or prayer. The Court finds that the bill's key sponsor's purpose was to promote religion. Unconstitutional; looked like government was motivated to promote religion. Moment of silence without a legislative desire to promote religion is constitutional. (Don't mention prayer and it's good!) |
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| 1972; In a public school they invite a rabbi to deliver a non-denominational prayer at a graduation ceremony. No one is being forced to pray, but the court says that the program is unconstitutional; being held on school property and an important school ceremony. If it's a religious ritual and its a part of the graduation ceremony (whether voluntary or not) it is unconstitutional. |
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| Walz v. Tax Comission City of NY |
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| 1970; New York allows property tax exemption on religious institutions and for other secular charitable institutions. Constitutional but only if given to other comparable secular institutions. No exemptions for religious institutions alone. |
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| 1989; Texas had a statute which authorized a tax exemption for religious periodicals only. Other secular articles had to pay taxes, and the Court found this unconstitutional. If there is a statute which gives a benefit to religion only, not secular pieces, it is unconstitutional. |
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Jimmy Swaggert Ministries v. California
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| 1993; Free Exercise case, they sold secular items (bookmarks, flashlights)- they payed the tax on the secular items sold, but not for the religious items. In California, they had no exemption for religious products. Court says no, there is no right to have a tax exemption. A state can offer a tax exemption to a religious institution but they do not have too. |
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| 1981; Equal access to public facilities. If it is government property, do religious groups have the right to meet there? In this case, the colllege allowed student groups to meet on campus but they wouldn't let an overtly religious group meet. If you make facilities 'generally' available, ALL student groups have to be allowed to meet at the facilities. |
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| Good News Club v. Milford |
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| 2001; This club was an overtly religious group. On public property during school hours. They had a sponsor there but no one in school authority. Does this violate the establishment clause? It doesn't matter the religious nature or their activities, they still must be allowed to meet in that space assuming other student groups are allowed to meet there. |
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| 1995; UVA was funding publications of student groups. Wide Awake (A christian perspective) is an overtly religious publication, and UVA doesn't give them a reimbursement. Court finds the equal access principle here, if you provide benefits to one group, you have to do the same to the other. |
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| County of Allegheny v. ACLU |
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| 1989; This concerns two religious displays. The first is inside a courthouse, a manger with a crest. Outside is an 18 foot tall manora, which was situated by a 40 foot high christmas tree. The manger scene is declared unconstitutional because a reasonable observer would think that the government is endorsing a religious doctrine. Outside is constitutional because there is a secular symbol present. |
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