Notes for 12/9/08

Free exercise clause of the first amendment protects religious beliefs but not actions based on those beliefs.

To pass Strict Scrutiny the law or policy must be justified by a compelling gov. interests as well as being the least restrictive means for achieving the interest

1990, Supreme Court refused to grant membership of the Native American Church exemption from an Oregon law that said they could not have a hallucinogenic drug called peyote.

Clear and present danger test- Schenck vs. U.S, government has the right to restrict freedom of speech when public order is threatened.

A. Gitlow vs. New York- Gitlow wanted socialism, first time Supreme Court ruled Bill of Rights had to be granted bt the National Gov. and the State Gov. as well, which is called "Incoportating the Bill of Rights".

B. Dennis vs. U.S- several communist party members convicted under the Smith Act which made advocating or violence against the U.S a criminal offense. No evidence had been presented to prove claims that the communists had actually urged people to commit violent acts.

Brandenburg vs. Ohio- KKK leader was convicted under a state law for advocating strife at a Klan rally. Court overturned the conviction and exteneded the limits of free speech. Court held that the threating speech was protected by the 1st Amendment unless the government could prove, which it didnt, that the Klan leader's speech would lead to imminent lawless action and was likely to intice that action. Today most speech is protected because angry, threating......