POS 100 Lecture Notes - Lecture 9: Free Exercise Clause, Lemon V. Kurtzman, Establishment Clause

• School: University of Maine
• Department: Political Science
• Course: POS 100
• Professor: Mark Brewer

Document Summary

Federal gov"t cannot establish an official state church. Britain persecuted those who did not follow state religion. Not actually in the original constitution, but in establishment clause. Church and state had a high wall until lemon vs. kurtzman . Test to establish gov"t neutrality when dealing with religious schools. Zelman vs. simmons-harris: state of ohio failed lemon test, but supreme court ruled in favor anyway. Reynolds vs. u. s. : supreme court held that religious duty was not a defense to a criminal indictment. Oregon vs. smith: drug use for religious/cultural rituals are legal. Free exercise is now higher/lower depending on state. Political speech is reluctantly limited by supreme court. You cannot yell fire!" in a crowded theatre. Say what you will, but if it may lead to law breaking, it can be restricted. Libel, slander, actual malice, reckless disregard of the truth. Gov"t no longer has control of pornography, but can control and persecute for child pornography.