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1) Estrada vs Escritor Free exercise clause:

The free exercise of religion is specificallyarticulated as one of the


fundamental rights in our Constitution. As Jefferson put it, it is the most
inalienable and sacred of human rights. The State’s interest in enforcing its
prohibition cannot be merely abstract or symbolic in order to be sufficiently
compelling to outweigh a free exercise claim. In the case at bar, the State
has not evinced any concrete interest in enforcing the concubinage or
bigamy charges against respondent or her partner. Thus the State’s interest
only amounts to the symbolic preservation of an unenforced prohibition.

Benevolent neutrality could allow for accommodation of morality based on


religion, provided it does not offend compelling state interests.

2) Academic freedom according justice Felix frankfurter in Garcia vs


Faculty:

It is the business of a university to provide that atmosphere which is


most conducive to speculation, experiment and creation. It is an
atmosphere in which there prevail "the four essential freedoms" of a
university — to determine for itself on academic grounds who may
teach, what may be taught, how it shall be taught, and who may be
admitted to study." 15 Thus is reinforced the conclusion reached by us
that mandamus does not lie in this case

3) Lemon Test

The statute must have a secular legislative purpose. (Also known as the
Purpose Prong)

The principal or primary effect of the statute must not advance nor inhibit
religion. (Also known as the Effect Prong)

The statute must not result in an "excessive government entanglement" with


religion. (Also known as the Entanglement Prong)
If any of these prongs are violated, the government's action is deemed
unconstitutional under the Establishment Clause of the First Amendment to
the United States Constitution.

4) Establishment Clause:

prohibits the government from making any law “respecting an establishment


of religion.” This clause not only forbids the government from establishing an
official religion, but also prohibits government actions that unduly favor one
religion over another. It also prohibits the government from unduly
preferring religion over non-religion, or non-religion over religion.

5) Symbolic Speech:

type of nonverbal communication that takes the form of an action in


order to communicate a specific belief.
The Supreme Court has maintained that symbolic speech is included
within “free speech,” but it may be regulated, unlike traditional forms of
speech

Clear and Present Danger:

Prior Restraint is government action that prohibits speech or other


expression before the speech happens

Affirmative Action- gives preference to women, black people, or


other groups that are often treated unfairly, when it is choosing people for
a job.

Compelling State Interest- refers to a method of determining the


constitutional validity of a law. Under this test, the government’s interest is
balanced against the individual’s constitutional right to be free of law

.
conscientious objector is an "individual who has claimed the right to refuse
to perform military service" on the grounds of freedom of thought,
conscience, or religion.

Plain View- allows a police officer to seize objects not described in


a warrant when executing a lawful search or seizure if he observes the
object in plain view and has probable cause to believe that it is connected
with criminal activities

Fighting words - are, as first defined by the Supreme Court (SCOTUS)


in Chaplinsky v New Hampshire, 315 U.S. 568 (1942), words which "by their
very utterance, inflict injury or tend to incite an immediate breach of the
peace. It has been well observed that such utterances are no essential part
of any exposition of ideas, and are of such slight social value as a step to
truth that any benefit that may be derived from them is clearly outweighed
by the social interest in order and morality."

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