Freedom of the Press in General
This amendment guarantees that “Congress shall make no law… abridging the freedom of speech, or of the press.”
What is the First Amendment?
These two clauses form the foundation of the First Amendment’s religion protections.
What are the Establishment Clause and the Free Exercise Clause?
What is the holding of Engel v. Vitale (1962)?
The Court held that it is unconstitutional for school officials to lead students in organized prayer, even if participation is voluntary.
What is the holding of Newdow v. U.S. Congress (2002)?
The Court (9th Circuit) found that the phrase “under God” in the Pledge of Allegiance and requiring students to recite it in public schools violated the Establishment Clause.
This case created the Lemon Test used to determine violations of the Establishment Clause.
What is Lemon v. Kurtzman (1971)?
This Supreme Court case held that students can express themselves freely at school unless it causes a “substantial disruption.”
What is Tinker v. Des Moines?
The Framers wanted to avoid this dangerous relationship that had caused persecution in Europe.
What is the fusion of church and state?
What is the holding of Abbington School District v. Schempp (1963)?
The Court held that mandatory Bible readings in public schools are unconstitutional because they amount to government-led religious exercise.
What is the holding of Everson v. Board of Education (1947)?
The Court held that while states cannot directly fund religion, they may include religious schools in general programs like transportation reimbursements without violating the Establishment Clause.
The first prong of the Lemon Test requires that a law or policy must have this kind of purpose.
What is a secular (non-religious) purpose?
This doctrine applied freedom of the press protections to the states through the 14th Amendment.
What is the Incorporation Doctrine?
Thomas Jefferson described the separation of church and state as this kind of barrier.
What is a “wall of separation”?
What is the holding of Lee v. Weisman (1992)?
The Court held that public school officials may not invite clergy to deliver prayers at graduation ceremonies.
What is the holding of Zelman v. Simmons-Harris (2002)?
The Court upheld a state voucher program that gave families private choice in selecting schools, even if most participating schools were religious.
If a law has a religious purpose or effect, or causes too much government involvement with religion, it fails this.
Answer: What is the Lemon Test?
What is the holding of Hazelwood School District v. Kuhlmeier?
The school may act as “editor” of student speech in these contexts and may therefore censor school-sponsored student expression for any “reasonable” educational purpose
What is a common issue regarding these two clauses?
Balancing the prohibition of state-established religion and allowing the free exercise of religion
What is the holding of Santa Fe Independent School District v. Doe (2000)?
The Court held that student-led, student-initiated prayer at school football games violates the Establishment Clause.
What is the holding related to Establishment Clause funding restrictions?
The Court held that public money cannot be given directly to religious schools specifically for teaching religious doctrine.
The third prong of the Lemon Test prohibits “excessive” this between government and religion
What is entanglement?
Name one major difference between Tinker and Hazelwood regarding student press rights.
Tinker protects student speech unless it disrupts school; Hazelwood lets schools control school-sponsored expression.
Public schools often find themselves in the center of constitutional debate because they are this type of institution.
What is a government-sponsored entity?
What is the holding of Stone v. Graham (1980)?
The Court held that a Kentucky law requiring the Ten Commandments to be posted in every classroom was unconstitutional.
Across all these cases, the Court reaffirmed that any government action favoring religion over nonreligion violates this constitutional principle.
What is the Establishment Clause?
What year was the Lemon Test Implemented?
1971