No landmarks among First Amendment cases

Article Abstract:

The US Supreme Court ruled in Santa Fe Independent School District v. Doe that a school district could not allow student-initiated and led prayer as part of an invocation before football games. The Boy Scouts of America case permitted the organization to exclude gay scouts leaders as part of its freedom of expression.

United States, Membership, Freedom of association, Boy Scouts of America, Religion in the public schools, Religion in schools

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Establishment clause yields to free speech: 'marketplace of ideas' withstands First Amendment challenges in a series of widely publicized cases

Article Abstract:

The US Supreme Court's rulings on various free-speech issues in its 1994-95 term indicate the further replacement of establishment-clause analysis with free-speech analysis. Capitol Square v Pinette and Rosenberger v U of VA place the establishment clause in the same muddled area as obscenity. In McIntyre v Ohio Elections Comm'n and Hurley v Irish-American Gay, Lesbian and Bisexual Group of Boston, the court reiterated and strengthened the First Amendment rights of those entering the marketplace of ideas.

Freedom of speech, Prayer in the public schools, School prayer

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States prevail in First Amendment cases; court completes turnabout on religion clauses by deferring to states in 'Boerne' and 'Agostini.'(Supreme Court Review)

Article Abstract:

The US Supreme Court overturned the Religious Freedom Restoration Act in its 1997 Boerne decision, one of two major First Amendment religion cases during the 1996-97 term. The Agostini decision, by contrast, revamped the Lemon test by holding that states are allowed to place teachers in religious schools for remedial programs. Boerne was primarily a separation of powers issues in which Congress was determined to have overstepped its authority, while Agostini was a major ruling in the area of federalism.

Other Justice, Public Order, and Safety Activities, Religion, Laws, regulations and rules, Freedom of religion, Federalism, Separation of powers

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