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Establishment Clause

Prohibits gov. from creating an official church, preferring a certain religion, or benefiting believers

Free Exercise Clause

Prohibits the gov. from interfering with the expression of religious belief.

Everson v. Board of Education

buses --> student benifit standard

Zelman v. Simmons-Harris

parental choice, voucher system, pilot program

Epperson v. Arkansas

can't ban the teaching of evolution

Edwards v. Aguillard

can't have the equal teaching between evolution and creationism

Dover PA

can't teach inteligent design

Mergens

religious based extracurriculars can meet in school

Lamb's Chapel

adult religious groups allowed to meet in schools

Good News

student religious groups allowed to meet in school

Engel v. Vitale

no teacher led prayer

Schempp

no bible reading or the Lord 's Prayer in public schools

Wallace

no moment of silence

Lee

no prayer at graduations

Santa Fe

no student led prayer over loud speaker

Marsh

can pray before opening of legislature

Lynch

okay to have holiday displays on public property

Walz

property tax exemption for religious groups

McGowan

blue laws

Blue laws

can't sell certain things on sundays

Reynolds

no polygamy

Cantwell

religious solicitors dont need licence

Gobitis

students must salute

Barnette

students dont have to salute - free speech

Yoder

school attendence for Amish children

Goldman

no religious gard on duty

OR V. Smith

substance abuse counciler, user, fired, no unemployment

Sedition

to encourage others to break the law, when you know they will probably break the law

Schenck

disobeyed the draft -- clear and present danger

O'Brien

burnt draft card - NO - government property

Lemon v. Kurzman

gov. funds for private schools - 1. secular 2. neutral 3. no excessive entanglement (degree & duration)

Miller v. CA

to be obscene - 1. offensive 2. no socially redeaming value 3. 2. prurient interest

Reno v. ACLU

child internet pornography - to loosly written

Ashcroft

virtual internet child pornography - allowed

NYT v. Sullivan

defenses for libel - 1. truth 2. abcense of malice 3. public figure 4. wasn't aware false

RAV v. St. Paul

burnt cross (hate speech) - too broadly defined

Mitchell v. WI

aggrivating factors

Tinker

black arm bands - free speech

Bethel

nomination speech - school can punish

Hazelwood

newspaper articale - school can censor

Morse

bong hits for Jesus - school can punish

Prior Restraint

censoring a work before it is published (national security)

Near v. MN

Paper - clearly anti-Semitic STATE -NO PUB. SC - YES PUB

NYTimes v. US

Pentegon Papers - allowed to publish

Cox. V NH

Jehovah Witnesses marching parade needed a permit and advanced permission for the march

Gregory

march - police say arrest - greg says HELP

NAACP

must make membership list and send to the state

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