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| Baltimore fills in guy's wharf through infrastructure projects, guy wants compensation under 5th amendment, taking; court rules Bill of Rights intended to limit national government, limits on states stated explicitly, amendments aren't |
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| Louisiana creates slaughterhouse that butchers must use in order to control animal carcass dumping; butchers say this violates their privilege to be a butcher, protected under 14th amendment privileges and immunities clause; court rules the clause only applies to privileges and immunities of national citizen, which are few and specified; eliminates one potential mechanism for applying bill of rights to states |
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| Palko faces double jeopardy in CT state courts, says this violates 5th amendment; court rules parts of the Bill of Rights apply to states if they are "implicit in the concept of ordered liberty," fundamental liberties; double jeopardy isn't one; selective incorporation from hence forth |
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| Pennsylvania requires oath acknowledging god for public officials, man wanting to be notary refuses; court rules gvt can't make religious beliefs condition of office |
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| Tennessee constitution forbids ministers from holding office; minister forbidden from being delegate in constitutional convention; court rules states can't exclude people from office for choosing to exercise religious beliefs |
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| Church of Lukumi Babalu Aye v. Hialeah |
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| Santeria practitioners slaughter animals; Florida town bands ritual slaughter but makes exceptions for just about everything except Santerian sacrifices; court rules law implicitly targeted Santeria people, direct discrimination against religious exercise |
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| Test for direct regulations on free exercise of religion. Goal must be compelling state interest and means must be least restrictive alternative |
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| Congress outlaws polygamy, Mormon guy mad; court rules polygamy historically frowned upon since before Mormonism started; incidental burden on religion from neutral law, don't need religious exceptions |
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| Amish guy refuses to pay payroll taxes from carpentry business, against religious beliefs of caring for elderly; court rules tax system needed to fund gvt programs, everyone has to pay; tax system not aimed at any religion, neutral law doesn't need exceptions |
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| Bob Jones University v. U.S. |
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| educational institutions tax exempt, can't discriminate based on race; BJU forbids interracial marriage (religious motives), denied tax exempt status; court rules compelling state interest in eliminating racial discrimination, exemption doesn't target BJU |
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| Rabbi psychologist in air force can't wear Jewish headgear, regulation forbids headgear indoors; court rules regulation aimed at uniformity in military, don't need exception for religion |
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| Employment Division v. Smith |
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| Native American men fired for using peyote, denied unemployment compensation by Oregon; peyote is illegal in state, court rules no need to make exception for religion; gvt only needs a "legitimate" interest, not compelling; similar to rational basis test |
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| Religious Freedom Restoration Act |
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| Congress debated this after Smith decision to return constitutional standard of strict scrutiny to laws that affect religious exercise, complain about court overturning long-standing test, narrowly religious freedom |
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| Minersville Sch. Dist. v. Gobitis |
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| law requires students to pledge allegiance to flag, Jehovah's Witnesses refuse, suspended indefinitely; court rules state has interest in promoting national unity, not up to the court to decide if flag salute is good policy, no need for exception |
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| West Virginia State Board of Education v. Barnette |
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| Jehovah's Witnesses refuse to salute flag, expelled; court overturns Gobitis and rules that law infringes free exercise of religion, shouldn't compel "unanimity of sentiment" |
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| church denied building permit to expand church because of historic preservation area, challenge denial under Religious Freedom Restoration Act, passed in response to peyote case to return strict scrutiny test; court rules Congress didn't have power to pass this law under 14th amendment enforcement provision as it claimed; remedial power, doesn't give Congress power to legislate interpretation of amendment |
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1) Valid secular Purpose
2) Doesn't advance religion
3) No excessive entanglement |
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| Abington School District v. Schempp |
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| Pennsylvania schools read bible verses every morning to promote moral values; court rules no valid secular purpose; students can opt-out so obviously not vital to curriculum. |
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| Santa Fe Ind. Sch. Dist. v. Doe |
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| student-led prayer at football games; previous policy had involved school officials picking who would pray, court rules against that so they make it student run; court rules purpose of student run, school sanctioned process to have prayer at football games, not a secular purpose |
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| town displays manger scene downtown along with santa and other holiday decorations to boost retail sales and improve goodwill; court recognizes valid secular purpose of display, acknowledging religion, not endorsing it |
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| Allegheny County v. Greater Pittsburgh ACLU |
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| two holiday displays downtown, one with a nativity scene and another with a menorah and a big tree; court rules nativity scene violates religious establishment but menorah and tree is a cultural symbol, tree creates an "overall holiday setting" that isn't religiously motivated |
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| Kentucky counties post 10 commandments in courthouse, explicitly state religious nature of display (jesus as "prince of ethics, etc.); county renames display, adds to it, to get around court rulings; court rules the purpose was originally religious and remained so in face of cosmetic changes |
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| Texas capital building surrounded by historical displays, including 10 commandments, exemplifying Texas heritage; court rules there is a secular purpose, historical displays, not religiously motivated |
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| Zobrest v. Catalina Foothiils Sch. Dist. |
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| deaf student at Catholic school wants to be provided with translator by state to comply with disability law; court rules law requiring translator for deaf student benefits student, no special incentive to go to religious school |
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| Zellman v. Simmons-Harris |
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| Ohio gives tuition aid to children who would attend Cleveland schools, 95% of them go to religious schools; court rules religion only benefits by choice of aid-receiving parents, state provides no direct benefit to religion, once funds are given to parents, state role ends |
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| Christian group wants student fee money to finance printing of newsletter, denied funds, rules prohibit giving money to groups that advance religion; court rules group has right to equal access just like any other group |
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| schools/churches can veto liquor license applications within 500 feet; court rules this turns over authority to churches, blatant entanglement |
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| NY creates school district for Hassidic Jews to serve disabled children who couldn't comfortably attend public schools for religious reasons; district only includes Jews, school board of Jews runs gvt. funded state school; court rules drawing districts based on religion gives power to religious group, entanglement |
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| Everson v. Board of Education |
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| New Jersey reimbursed parents for cost of transportation for kids going to religious schools; court rules this doesn't provide support to religious school; first to apply establishment clause to states |
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| NY composed prayer for students to recite in school, parents complain; court rules that this violates establishment clause, state cannot endorse religious belief and writing a prayer does that to a great extent |
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| Alabama has 1-minute period of silence in school "for meditation of voluntary prayer"; court finds law violates establishment clause because the purpose was clearly to promote prayer; originally just said meditation, then added voluntary prayer; later added provision allowing teachers to lead willing students in a prayer to "almighty god..the creator and supreme judge…of the world"; these changes can only be intended to promote religion |
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| Principal invites rabbit to give prayer at middle school graduation, gives him instructions on what type of prayer to give; court rules a school official decided to have prayer, influenced the content of the prayer; students were basically forced to attend and their silence during prayer tends to imply agreement with content, unconstitutional establishment of religion, advances religion |
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| convicted of violating Espionage Act, which forbids obstruction of recruitment/enlistment of soldiers during war; sent fliers to drafted men encouraging them to dodge; court rules Congress can regulate speech that causes "clear and present danger" of something occurring that Congress has power to prevent |
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| five people convicted under espionage act for circulating leaflets opposing WWI; court rules leaflets intended to cause riots and sedition, can be prosecuted; Holmes writes notable dissent changing his mind from Schenck decision, which he wrote; says the leaflets clearly posed no immediate danger to anyone, people persecuted for their opinions; market of ideas |
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| communist prosecuted under Smith Act, advocating overthrow of gvt; court rules gravity of evil should be discounted by probability of evil happening to determine if infringing on speech is justified; group sufficiently prepared here, can be prosecuted |
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| convicted under Smith Act; court rules that mere advocacy as an abstract doctrine isn't enough to convict, advocacy must incite illegal action; jury instructions not clear, retrial |
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| Klan leader prosecuted for advocating political terrorism against state during Klan rally on farm filmed by local news station after he says Klan will have to get "revengence" against state if they keep keeping the white man down; court rules state can't forbid general advocacy, action must be imminent and probable; two-part standard: advocating illegal behavior and it must be likely to occur (imminent); overturns prosecution |
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| guy arrested for advocating violent overthrow of gvt; court upholds his conviction, says he wasn't stating an abstract doctrine but was advocating action; incorporates 1st amendment to states through 14th; Holmes and Brandeis dissent, saying every idea is a call to action, that isn't a standard for suppression |
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| woman convicted for advocating criminal syndicalism, court upholds conviction, case remembered for Brandeis' concurring opinion discussing first amendment values; shouldn't punish advocacy unless it incites illegality, shouldn't sacrifice freedom for the sake of order, etc. |
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| guy gives speech decrying Jews and communists, crowd outside auditorium loudly demonstrate against him; arrested for disturbing the peace ("stirring the public to anger" and "creat[ing] a disturbance"; court rules you can't punish someone because their speech offends someone (heckler's veto case) |
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| guy stands on crate in street giving speech on civil rights; angry crowd forms around him, police ask guy to stop and he refuses, they arrest him for disturbing the peace, crowd blocking traffic; court rules state has right to curtail speech if riot is imminent, must first make efforts to protect speaker, if that fails can shut him up |
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| Skoke v. National Socialist Party |
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| Nazi group wants to have parade in town of Holocaust survivors, city says parade would incite immediate violence; illinois supreme court rules people will have advance notice of parade, can avoid it if they think they'll be compelled to violence, not unprotected fighting words |
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| teens burn cross in black family's yard, convicted under Biased Crime Act, banned fighting words related to race; court rules this only punishes certain types of fighting words based on content, selective restrictions, unconstitutional |
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| Cohen wears "fuck the draft" jacket to court, charged with disturbing the peace; court rules state can't criminalize profanity, can't determine which words should be banned from public discourse |
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| Bethel Sch. Dist. v. Fraser |
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| school assembly for student gvt, Fraser makes speech endorsing candidate, filled with innuendo, gets suspended; court rules offensive politically motivated speech protected for adults, but schools have right to restrict offensive speech to protect children, inculcate values |
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| military base open to public but bans protest/distribution of printed material; presidential campaign wants to campaign on base; court rules no expectation of expression on military base, not a traditional public forum |
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| Krishna religious people religiously obligated to proselytize, banned from doing so in publicly owned NYC airport (regulation prohibits solicitation); court rules airport neither by tradition or purpose a public forum for expression, excluding all people from places not traditionally public forums constitutional |
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| PruneYard Shopping Center v. Robins |
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| students want to solicit support for their cause in shopping center, forbidden by owners; court rules that that shopping center must allow protestors, freedom of expression overrides protection of taking under 5th amendment; doesn't require shopping center to endorse message, or imply that they do |
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| FCC v. Pacifica Foundation |
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| George Carlin aired in the afternoon on the radio, guy gets offended, FCC sanctions station; court rules that the government has the power to restrict indecent broadcasting to protect children, especially during the afternoon and particularly because anyone can tune into the radio and hear indecent material without warning |
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| Hill wants to hand out leaflets in front of abortion clinics and tell women not to murder their babies; Colorado passes law establishes 8 foot radius around entrance where you can’t protest; court upholds ability of state to regulate place for speech to protect access to clinics, safety of women |
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| burn draft cards to protest Vietnam, law criminalizes destruction of them; court recognizes 1st amendment protects conduct as speech but gvt can regulate non-speech elements if they only incidentally limit speech if interest is sufficient important; similar to least restriction alternative test; can forbid burning draft |
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| Tinker v. Des Moines Sch. Dist. |
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| Students wear black armbands to protest Vietnam at school, suspended under rule prohibiting them; court rules some right to free speech in school, armbands qualify as speech; rule targeted at specific idea as evidenced by only banning armbands and not other forms of symbolic speech; can't single out opinions for special burdens without very specific evidence that specific view causes disruption and others don't |
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| guy burns flag during protest during Republican Convention; state argues law banning flag burning intended to preserve peace, protect national symbol of unity; court rules peace not disturbed, second justification viewpoint-specific; banning flag desecration dictates what views flags can be used to express, restriction on flag burning isn't an incidental limit on speech, direct, unconstitutional |
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