Important Information

LAPS, SPEECH TESTS, 3 PRONG

1st Clause...Establishment Clause

"Congress shall make no law respecting an establishment clause of religion or prohibiting the free exercise thereof"

LEMON 3 PRONG TEST


  1. must not create excessive entanglement
  2. the laws principle or primary effect should neither advance nor inhibit religion
  3. court looks to see if the law has a secular legislative purpose

Other Information

  • Based upon Lemon v. Kurtzman, court ruled that the superintendent allowing reimbursement to catholic school teachers was not allowed
  • Violated the Establishment Clause
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MILLER TEST AKA 3 PRONG OBSCENITY TEST

  • Does the work appeal to the prurient: (having or encouraging son excessive intrest in sexual matters) interest?
  • Does the work describe or illustrate in a patently offensive way (openly offensive to the general public)
  • Does work lack LAPS
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Background Information

  • Obscenity- potentially offensive content of a specific time
  • This test is to determine whether speech or expression of any kind can be considered obscene or not
  • Based opon Miller v. California: Marvin Miller was advertising and sending out brochures that portrayed sexual pornographic material



Can the speech be criminalized?

SPEECH TESTS

Clear and Present Danger Test - Schenck v. US 1919 government may silence speech or expression when there is a clear and present danger that such speech will bring about harm to someone or something

Bad tendency test- Gitlow v. New York 1924 any speech that has the tendency to create crime or disturb the public piece can be silenced

Clear and probable danger Test: Dennis V. US 1951: Government could suppress speech to avoid danger, even if the probability of the dangerous result was relatively remote

Brandenburg v. Ohio 1969 (Imminent lawless test)- gives more to 1st amendment claims and less to concerns about security and order MORE POWER TO THE PEOPLE

By: Paetyn Burish and Rebecca Seastrand