G property that has not traditionally been regarded

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– G property that has not traditionally been regarded as a public forum, but is intentionally opened up for speech a. Test : same as TPF (3) Non-public Forum – property owned by Government, but reserved for particular purposes. Can close to all speech activities. a. Test : can regulate speech (even content) as long as it doesn’t discriminate against point of view and the regulations is reasonable. 38
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i. While the Freedom of Association is not expressly articulated in the 1st Am, the Court has nonetheless declared that freedom to engage in association for the advancement of beliefs and ideas is an inseparable aspect of the liberty assured by the Due Process Clause of the 14th Am, which embraces freedom of speech. It is regarded as integral to the speech and assembly protected by the 1st Am. ii. Roberts v. United States Jaycees 1. Facts : National organization that limited its membership to men only. 2 local chapters in Minnesota began to accept women as full members. The national organization threatened to revoke their charter. Minnesota chapters pursued action because of a state statute prohibiting sex discrimination. The national org filed a countersuit claiming that this infringed their 1st Am right of freedom of association. 2. Issue : to what extent does the statute prohibiting infringe the group’s freedom of expressive association? 3. Holding : None. a. “We are persuaded that MN’s compelling interest in eradicating discrimination against its female citizens justifies the impact that application of the statute to the Jaycees may have on the male members’ associational freedom.” b. Reaffirmed that freedom of association is a fundamental right. c. But this freedom is not absolute. d. Test : Infringements on that right may be justified by regulations adopted to serve compelling state interests, unrelated to the suppression of ideas, that cannot be achieved through means significantly less restrictive of associational freedoms. XIII. Freedom of Religion a. Establishment Clause i. Zelman v. Simmons-Harris 1. Facts : In response to Cleveland’s profoundly failing school system, the state enacted a scholarship program. It provided tuition credits for students who chose to enroll in any private school of their choosing within the district. If they chose to stay in the public school system, they could receive funding for tutors. In order to accept the funding, the schools have to agree not to discriminate or to advocate/teach hate. 82% of the public schools in the area were religious. 96% of the students in the program enrolled in religious schools. Ps brought suit claiming the program was unconstitutional because it created an establishment of religion. 39
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2. Issue : Does this program violate the Establishment Clause? 3. Holding : No. a. Basic Establishment Clause background/precedent: i. Establishment is applied to state through the 14th. It prevents a State from enacting laws that have the purpose or effect of advancing or inhibiting religion.
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  • Spring '18
  • Government, Fourteenth Amendment to the United States Constitution

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