1st Amendment

time place and manner, cannot base ruling on view points

Engle V Vitale

 violated establishment clause first amendment

had voluntary non-denominational prayers at school but kids felt forced to do due peers around them making fun of them

declared unconstitutional due to combo of 1st (freedom of religion) and 14th amendment (equal protection)

can pray at school, school cannot lead or enforce prayer

Wisconsin V Yoder

Amish family didn’t want to send kids to high school due to their religious beliefs / lifestyle

majority agreed with Yoder bc 

1.  since the compulsorily high school went against Amish lifestyle and beliefs since the environment high schools have do have traits that are against Amish beliefs / lifestyles

2. also it doesn’t stop the government interests that school aim to achieve: preparing self supportive citizens and to participate politically

Shenck vs US

context ww1 draft passing pamphlets but were arrested bc of the espionage act, claimed 1st amendment was violated

ruling - 1st amendment is not protected “clear and present danger”, circumstances matter, free speech is not absolute

New standard is “lawless imminent action“ not “clear and present danger”

Tinker v Des Moines

context - students wear armbands to school for silent protest against vietnam war, school ordered them to take it off or face suspenson

focuses on symbolic speech

sides with tinker bc it does not interfere with school’s operations

also states we are protected under constitution!

Bong Hits 4 Jesus Case