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AP Gov

FIRST AMENDMENT: ESTABLISHMENT CLAUSE CASES (9 OF 30 TOTAL)

QuestionAnswer
1.Struck down state sponsored prayer in public schools.2. Ruled that the Regents' prayer was an unconstitutional violation of the Establishment Clause. ENGEL V. VITALE (1962)
1.Struck dow state funding for private regligous schools.2. Ruled that state aid to church-related schools must meet three tests: LEMON V. KURTZMAN (1971)
1.Banned polygamy2.Distinguihed between religous belief that are protected by the Free Exercise Clause and religous practices that may be restricted.3.Ruled that religous practices cannot make an act legal that would otherwise be illegal. REYNOLDS V. UNITED STATES (1879)
1. Banned the used of illegal drugs in religous ceremonies.2. Ruled that the government can act when religous practices violate criminal laws. OREGON V. SMITH (1990)
1. Ruled that free speech could be limited when it presents a "clear and present danger...."2.Established the "clear and present danger" test to define conditions under which public authorities can limit free speech. SCHENCK V. UNITED STATES (1919)
1.Ruled that public official cannot win a suit for defamation unless the statement is made with "actual malice."2.Established that "actual malice" standard to promote "uninhibited, robust and wide-open" public debate. NEW YORK TIMES V. SULLIVAN (1964)
1.Ruled that obscenity is not constitutionally protected free speech.2.Created the "prevailing community standards" rule requiring consideration of the work as a whole. ROTH V. UNITED STATES (1951)
1.Protected some forms of symbolic speech.2.Ruled that students do not "shed their constitutional rights to freedom of speech or expression at the schoolhouse gate". TINKER V. DES MOINES INDEPENDENT SCHOOL DISTRICT (1969)
1.Ruled that flag burning is a form of symbolic speech protect by the First Amendment TEXAS V. JOHNSON (1989)
Created by: devin12
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