Hamilton Sp06 Con Law II Chart

Hamilton Sp06 Con Law II Chart - Free Exercise Clause (1st...

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Free Exercise Clause (1 st Amendment) Intent – if intended to negatively effect one a type of conduct that is religious, then strict scrutiny (Lukumi – Santaria) Burdensome – If effect is burdensome, then heightened scrutiny (not necessarily unconstitutional) (Braunfield – Busniness must be closed on Sundays burdensome on Jews still okay) – Incidental burden is okay Neutral and generally applicable law is okay (Smith but Yoder is still out there) If bad result in court case, then should apply to legislature for action. Permissible exemptions – Can carve out an exemption (peyote exemption) if it is a central tenant to religion – Court has not decided if this will still meet equal protection. Freedom of Speech (1 st Amendment) Clear and Present Danger – context based and requires it to be imminent and advocacy of illegal action (Brandenberg) – usually only applied during wartime. True Threat – more severe than C&PD (Planned Parenthood and threat to kill abortion doctors) Remember the Speech- Action continuum , the further towards action the more likely regulation ok.
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Hamilton Sp06 Con Law II Chart - Free Exercise Clause (1st...

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