Civil Liberties and First Amendment Cases Overview

Establishment Clause

Prohibits government establishment of religion

Everson v. Board of Education

Upheld NJ law; established child benefit theory.

Zelman v. Simmons-Harris (2002)

Ohio vouchers to parents for private/religious schools were constitutional

Engel v. Vitale (1962)

NYS non-denominational prayer in public schools is unconstitutional

Abington v. Schempp (1963)

The Lord's Prayer or Bible reading in public schools is unconstitutional

Santa Fe Case (2000)

Student-led prayer on a football field was not allowed

Reynolds v. US (1879)

The case distinguished between protected religious beliefs and actions, ruling that polygamy was not protected.

Bremerton Case (2022)

Allowed a football coach to pray on the field after games as a free exercise of religion.

Cantwell v. Connecticut (1940)

Protected street proselytizing as a form of religious exercise

Gobitis (1940)

Prioritized national unity over free expression, upholding a law mandating flag salutes

West Virginia v. Barnette (1943)

Overturned Gobitis, ruling that coercing expressions of national unity violated the First Amendment.

Schenck (1918)

The government may regulate speech that poses a clear and present danger

Pierce (1920)

The government may regulate speech that has a bad tendency to promote danger in the future.

Brandenburg (1969)

The government may regulate speech that incites imminent lawless action

Bad tendency test

Favors government intervention with a low bar for justification,

clear and present danger test

Sets a slightly higher bar for government intervention, providing more protection for liberty

imminent lawless action test

It requires proof that serious, violent action will result from political speech, providing the greatest protection for liberty.