1st Amendment Sheet “Cheat” 1st Amendment: Congress make no law respecting an _________________________________________; or abridging the _________________________________, or of the ___________________; or the of the people peaceably to _______________________, and to _________________ the Government for a redress of grievances. 1st Amendment Exceptions, Doctrines, and Cases Related portion of Summary of Exception/Doctrine Brief Summary Related Case(s) 1st Am Case(s) 1. Everson v. US 1. of Separation” Establishment Clause “Wall 2. Engel v. Vitale 2. 1. Can’t use public money to pay for Test” 2. Establishment Clause private, Catholic “Lemon school teacher 3. salaries or materials Sherbert fired for not If the government wishes working Saturdays to restrict religious (7th Day Adventist) “Strict Scrutiny/Compelling practice, they MUST and then denied Free Exercise Clause Sherbert v. Verner Interest” (Sherbert demonstrate some kind unemployment of compelling interest *Sherbert Test has Test) strict scrutiny been relaxed at the state level Schenck convicted of violating espionage act by printing Free Speech Schenck v. US leaflets encouraging people to avoid the draft Buckley with an individual wishing to Nominees for office 1. Buckley v. spend his own money cannot be told they Valeo on his campaign. cannot spend their own Political Speech Free speech Citizens expands that money when running for 2. Citizens United right to corporations office. This applies to v. FEC acting as individuals corporations as well (SuperPACs) Symbolic speech that is 1. Tinker v. Des Free Speech at not disruptive to the Free speech Moines School school cannot be limited,
1st Amendment “Cheat” Sheet 1st Amendment: Congress make no law respecting an _________________________________________; or abridging the _________________________________, or of the ___________________; or the of the people peaceably to _______________________, and to _________________ the Government for a redress of grievances. 1st Amendment Exceptions, Doctrines, and Cases Exception/Doctrine Brief Summary Related portion of 1st Am Related Case(s) Summary of Case(s) “Wall of Separation” Establishment Clause 1. Everson v. US 2. Engel v. Vitale 1. 2. “Lemon Test” 1. 2. 3. Establishment Clause Can’t use public money to pay for private, Catholic school teacher salaries or materials “Strict Scrutiny/Compelling Interest” (Sherbert Test) If the government wishes to restrict religious practice, they MUST demonstrate some kind of compelling interest strict scrutiny Free Exercise Clause Sherbert v. Verner Sherbert fired for not working Saturdays (7th Day Adventist) and then denied unemployment *Sherbert Test has been relaxed at the state level Free Speech Schenck v. US Schenck convicted of violating espionage act by printing leaflets encouraging people to avoid the draft Political Speech Nominees for office cannot be told they cannot spend their own money when running for office. This applies to corporations as well Free speech 1. Buckley v. Valeo 2. Citizens United v. FEC Buckley with an individual wishing to spend his own money on his campaign. Citizens expands that right to corporations acting as individuals (SuperPACs) Free Speech at School Symbolic speech that is not disruptive to the school cannot be limited, Free speech 1. Tinker v. Des Moines
1st_amendment_cheat_sheet.docx