41 Prior restraint Also referred to as prior censorship and pre publication

41 prior restraint also referred to as prior

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a criminal offense if the intent to intimidate is proven. 41. Prior restraint -Also referred to as prior censorship and pre-publication censorship that imposed, usually by a government, on expression before the expression actually takes place. Prior restraint prevents the censored material from being heard or distributed at all; other measures provide sanctions only after the offending material has been communicated, such as suits for slander or libel . 42. Reno v. ACLU -(1997) A United States Supreme Court case in which all nine Justices of the Court voted to strike down anti- indecency provisions of the Communications Decency Act (CDA) because they violated the First Amendment 's guarantee of freedom of speech. Two Justices concurred in part and dissented in part to the decision. This was the first major Supreme Court ruling on the regulation of materials distributed via the Internet . It established that the federal law designed to prohibit "indecency" on the internet was unconstitutional. 43. Establishment Clause - Bars congress from passing a law “respecting an establishment of religion” and keeps the government from establishing or supporting anyones religious sect over another. Separation of church and state Interpretations: 1 - Separationism → Strict separation (Jefferson, Madison - “wall of separation”) 2 - Neutrality → Flexible, Unbiased support can be offered (must be to all groups) 3 - Accommodationism → Most flexible, Barring establishment of a state religion 44. Lemon Test - A result of Lemon v. Kurtzman in 1971. Establishment Clause - 3 Considerations: 1) Does the state program have a secular (outside of religion) purpose 2) Does it have the principal effect of religious advancement 3) Does it have an excessive entanglement between church and state 45. Lemon v. Kurtzman - The Supreme Court struck down a state program that used cigarette taxes to reimburse parochial (church) schools for cost including teachers salaries and textbooks. Subsidizing schools led to an entanglement of state & religion.
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46. Engle v. Vitale - Landmark United States Supreme Court case that ruled it is unconstitutional for state officials to compose an official school prayer and encourage its recitation in public schools. The Court ruled that government-written prayers were not to be recited in public schools and were an unconstitutional violation of the Establishment Clause. 47. Lee v. Weisman - The Court followed a broad interpretation of the Establishment Clause that had been standard for decades at the nation's highest court. The Supreme Court ruled that a moment of silence for voluntary prayer was not permitted in public schools. 48. Santa Fe School District v. Doe - Case heard before the United States Supreme Court ruling that a policy permitting student-led, student-initiated prayer at high school football games violates the Establishment Clause of the First Amendment.
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  • Fall '08
  • WOLBRECHT
  • Government, Civil Liberties, Supreme Court of the United States, First Amendment to the United States Constitution, Fourteenth Amendment to the United States Constitution, United States Supreme Court

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