The Supreme Court often uses
the three-pronged Lemon test
when it evaluates whether a law or governmental activity violates the establishment clause of the First Amendment.
How does the Court determine if a law violates the establishment clause?
In 1971, the Supreme Court surveyed its previous Establishment Clause cases and identified three factors that identify whether or not a government practice violates the Establishment Clause:
“First, the statute must have a secular legislative purpose; second, its principal or primary effect must be one that neither
…
What is the standard the courts use to decide whether a law violates the free exercise clause?
This
“rational basis test”
became the standard for determining whether a law that impinged on a religious practice violated the free-exercise clause. As that standard was easy for the government to satisfy, for almost a century the courts generally rejected religious-freedom claims against generally applicable laws.
Which test applies to the free exercise clause?
Over time, the Supreme Court developed a test to help judges determine the limits of free exercise. First fully articulated in the 1963 case of Sherbert v. Verner, this test is sometimes referred to as
the Sherbert or “compelling interest” test
.
What 3 tests does the Supreme Court use to set limits on free speech?
What three constitutional tests has the Supreme Court used when deciding whether limits on free speech are permissible?
“Clear and present danger” rule, bad tendency doctrine, preferred position doctrine
.
What rights does the 1st Amendment protect?
Congress shall make no law respecting an establishment of religion, or prohibiting
the free exercise thereof
; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
Which example violated the Free Exercise Clause?
For example,
if the government refuses to provide certain services (i.e., fire and police protection) to churches
, that might violate the free exercise clause. If the government provides too many services to churches (perhaps extra security for a church event), it risks violating the establishment clause.
How did the Lemon test determine whether a law violated the Establishment Clause?
Using the Lemon test, a
court must first determine whether the law or government action in question has a bona fide secular purpose
. … Second, a court would ask whether the state action has the primary effect of advancing or inhibiting religion.
What is the difference between the establishment and free exercise clauses?
The Establishment clause
prohibits the government from “establishing” a religion
. … The Free Exercise Clause protects citizens' right to practice their religion as they please, so long as the practice does not run afoul of a “public morals” or a “compelling” governmental interest.
What does the Equal Protection Clause protect?
No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal
protection of the laws
.
What are three limits on the free exercise clause?
Free exercise is the liberty of persons to
reach, hold, practice and change beliefs freely
according to the dictates of conscience. The Free Exercise Clause prohibits government interference with religious belief and, within limits, religious practice.
Where is the free exercise clause found?
Free Exercise Clause refers to the
section of the First Amendment italicized
here: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof… Historically, the Supreme Court has been inconsistent in dealing with this problem.
What is not protected by the Free Exercise Clause?
Congress shall make
no law respecting an establishment of religion
, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
What is not protected by the 1st Amendment?
True threats
— like obscenity, child pornography, fighting words, and the advocacy of imminent lawless action — constitute a category of speech that is not protected by the First Amendment.
What could the government do if it were allowed to exercise prior restraint?
When can the government exercise prior restraint on the press? They can exercise prior restraint only
in those cases relating directly to national security
. … The right of assembly is as important as free speech; the Fourteenth Amendment protects the right of assembly from infringement by state and local governments.
What test seems to provide the most protection for free speech?
no court could regard them as protected by any constitutional right.” (Photo of Holmes circa 1924 via Wikimedia Commons, public domain.) Early in the 20th century, the Supreme Court established
the clear and present danger test
as the predominant standard for determining when speech is protected by the First Amendment.
