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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


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


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


no moment of silence


no prayer at graduations

Santa Fe

no student led prayer over loud speaker


can pray before opening of legislature


okay to have holiday displays on public property


property tax exemption for religious groups


blue laws

Blue laws

can't sell certain things on sundays


no polygamy


religious solicitors dont need licence


students must salute


students dont have to salute - free speech


school attendence for Amish children


no religious gard on duty

OR V. Smith

substance abuse counciler, user, fired, no unemployment


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


disobeyed the draft -- clear and present danger


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


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


black arm bands - free speech


nomination speech - school can punish


newspaper articale - school can censor


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


march - police say arrest - greg says HELP


must make membership list and send to the state

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