AG TEST 19
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protections against the government
positive acts the government takes for the people
Free Exercise Clause
You can believe anything you want but you can't practice certain things
No establishment of religion by the government
Pierce vs. Society of sisters
- oregon law wanted to only have public schools
Wallace vs. Jaffree
- moment of silence for prayer
Zorach vs. Clauson
- Students released to local church for religious service
- Court has test to see if state aid to parochial school is const.
- 1) can't further religion
- 2) aid can't be for religious purposes
- 3)must avoid an excess entanglement between church and state
the false and malicious use of the written word
The false and malicious use of the spoken word
- miller v. California
- set up the 3 prong test
- To stop the printing, publishing, or thought
- Near V. Minnesota
- newspaper printing lies
- federal Communications Commission
- keep an eye on TV and Radio
- give fines and revoke licences
gives reporters some protection
types of speech
- Pure Speech- just talking
- Symbolic Speech- using something to help make your point
- Commercial speech- for business
- the act of war against US or help enemies
- not protected!
spying. not protected
- act of destruction intended to hinder national defense on war effort
- not protected!
incitement of resistance against lawful authority with written or spoken word
Gregory vs. Chicago case
government can place restrictions on time, place, and manner of assembly and petition
NAACP vs. Alabama
- law NAACP must list its members
- Don't have to- Right of Association
Lee vs. Weisman
- school prayer at graduation
Everson vs. Board of Ed. case
- public school bus takes students to private school
US vs. Obrien
- can we burn draft cards?
Lynch vs. Donnelly
- seasonal display with Jesus and other non-religious figures?
What would you like to do?
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