Chapter 3

When religious beliefs & practices conflict with public & private policy

What you need to learn


How has the court protected an individual’s religious freedom while upholding social order and maintained the balance between the religious practice of the majority with the free exercise of the minority?

Cases:

Engle v. Vitale (1962)

Wallace v. Jaffree (1985)

Wisconsin v. Yoder (1972)

Employment Division v. Smith (1990)

Court Cases

Year
Facts of the case
Constitutional question
Summary of the arguments
Decision
Significance

Need to Know:

time, place, & manner rule

defamatory, offensive & obscene speech regulations

clear & present danger test

Brandenburg test

substantial disruption test

Espionage Act, 1917

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