Freedom of Speech

What did David v. Beason (1890) do for freedom fo religion?

Determined what religion referenced which was one's views of his relations to his creator and obligations for his being and character.

U.S v. Ballard (1944)

Led to the "sincerity of belief" standard, theistic supreme being language, and expanded on moral beliefs.

Reynolds v. United States (1878)

Belief/Action distinction

Pierce v. Society of Sisters

Oregon compulsory public education law, court ignored the belief/action distinction.

Cantwell v. Connecticut

Dealt with the distribution of literature and phonograph, doing so in Catholic neighborhood, violation of Connecticut statute requiring a certificate to solicit. Inciting breach of peace. Cantwell were ultimately protected by 1st and 14th.

What case did the Valid Secular Policy test come from?

Cantwell v. Connecticut

What are the prongs of the Valid Secular Policy Test?

Legitimate non-religious goal, not directed at any particular religion. It also allows intrusions on religious practice and is an early attempt at neutrality.

Minersville School District v. Gobitis (1940)

Court ruled that public schools could compel students to salute the flag and recite the Pledge of Allegiance even for students who had religious reasons for not wanting to.

What Supreme Court decision overruled Minersville School District v. Gobitis?

West Virginia State Board of Education v. Barnette (1943).

Sherbert v. Verner

Compelling state interest

What are the three prongs of compelling state interest?

1). If gov. confronts individual with the choice pressuring them to forgo a religious practice, then gov. has burdened free exercise of religion.

2). Not all burdens on religion are constitutionally prohibited, depends on third prong.

3). A burden furthers some compelling state interest that justifies the infringement

Wisconsin v. Yoder (1972)

Addressed practice of Amish communities who did not send their children to school past eight grade. The court ruled that it would be unconstitutional for this not to be allowed and there was no compelling state interest.