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Writ of Habeas Corpus
You must be brought before the court and informed of charges against you
No Bills of Attainder
You cannot be punished without a trial
No Ex Post Facto Laws
Laws applied to acts committed before the laws' passage are unconstitutional.
Everson v. Board of Education
Court upheld a New Jersey policy of reimbursing parents of Catholic school students for the costs of busing their children to school
- Establishment case
Engel v. Vitale
- Court ruled school-sanctioned prayer in public schools is unconstitutional
Lemon v. Kurtzman
Court struck down a Pennsylvania law reimbursing parochial schools for textbooks and teacher salaries
- Controlling case
Lemon Test
To pass the test a law must meet all three of the following:
1. have a primarily secular purpose
2. principal effect neither aids nor inhibits religion
3. must not create an excessive entanglement between government and religion
Reynolds v. US
The court upheld the federal law that prohibited polygamy even though the defendent, a Mormon from Utah, claimed that the law limited his religious freedom
- Trying to prevent enslavement of women = compelling gov interest
Wisconsin v. Yoder
Alien and Sedition Acts
Law passed by Congress making it illegal to say anything "false, scandalous and malicious against the gov or ots officials".
- never challenged in court
- expired in 1801
Schenk v. US
Defendant mailed fliers to draftees during WWI urging them to protest the draft peacefully; he was convicted of violating a federal law against encouraging the disobedience of military orders. Court opinion said that such speech was not protected during wartime becuase it owuld create a clear and present danger
1917 Espionage Act
Clear and Present Danger Test
Gitlow v. NY
The court applied the protections of free speech to the states under the due process clause of the 14th Amendment
Tinker v. Des Moines
Court ruled that wearing black armbands in protest of the Vietnam War was symbolic speech, protected by the First Amendment