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Author: Carol Haas Publisher: ISBN: 9780894904615 Category : Juvenile Nonfiction Languages : en Pages : 134
Book Description
Parents of students in New Hyde Park, NY fought to bar their public schools from requiring that students recite the state's Regents' Prayer. The parents' protests made it to the Supreme Court, resulting in the powerful and emotion-filled decision.
Author: Carol Haas Publisher: ISBN: 9780894904615 Category : Juvenile Nonfiction Languages : en Pages : 134
Book Description
Parents of students in New Hyde Park, NY fought to bar their public schools from requiring that students recite the state's Regents' Prayer. The parents' protests made it to the Supreme Court, resulting in the powerful and emotion-filled decision.
Author: Shane Mountjoy Publisher: Infobase Publishing ISBN: 1438103344 Category : Church and state Languages : en Pages : 129
Book Description
What happens when a state board prescribes a prayer for public school children to recite in every classroom each morning as part of its program of moral and spiritual training? This question faced the U.S. Supreme Court in 1962 when they heard arguments in Engel v. Vitale. What some observers considered to be nothing more than a school tradition became the basis of a key constitutional question dealing with religious freedom and the meaning of separation of church and state in the United States. Engel v. Vitale serves as a useful primer of an issue that remains an emotionally charged one today. Combining absorbing profiles of key litigants with carefully selected full-color photographs, extensive footnotes, and a chronology and timeline, historian Shane Mountjoy provides excellent coverage of this decisive case.
Author: Bruce J. Dierenfield Publisher: ISBN: Category : Law Languages : en Pages : 288
Book Description
A concise and readable guide to the first--and still most important--case that tackled the constitutionality of prayer in public schools. The decision evoked an enormous outcry from a wide spectrum of society concerned about protecting religious practice in America and curbing an activist Supreme Court that many perceived to be too liberal and out-of-control.
Author: Susan Dudley Gold Publisher: Marshall Cavendish ISBN: 9780761419402 Category : Juvenile Nonfiction Languages : en Pages : 200
Book Description
"Describes the historical context of the Engel versus Vitale Supreme Court case, detailing the claims made by both sides as well as the outcome, and including excerpts from the Supreme Court justices' decisions and relevant sidebars"--Provided by publisher.
Author: Leonard W. Levy Publisher: UNC Press Books ISBN: 146962043X Category : Law Languages : en Pages : 222
Book Description
Leonard Levy's classic work examines the circumstances that led to the writing of the establishment clause of the First Amendment: 'Congress shall make no law respecting an establishment of religion. . . .' He argues that, contrary to popular belief, the framers of the Constitution intended to prohibit government aid to religion even on an impartial basis. He thus refutes the view of 'nonpreferentialists,' who interpret the clause as allowing such aid provided that the assistance is not restricted to a preferred church. For this new edition, Levy has added to his original arguments and incorporated much new material, including an analysis of Jefferson's ideas on the relationship between church and state and a discussion of the establishment clause cases brought before the Supreme Court since the book was originally published in 1986.
Author: Marc Lendler Publisher: University Press of Kansas ISBN: 0700618767 Category : Law Languages : en Pages : 192
Book Description
In 1919 American Communist Party member Benjamin Gitlow was arrested for distributing a "Left Wing Manifesto," a publication inspired by the Russian Revolution. He was charged with violating New York's Criminal Anarchy Law of 1902, which outlawed the advocacy of any doctrine advocating to the violent overthrow of government. Gitlow argued that the law violated his right to free speech but was still convicted. He appealed and five years later the Supreme Court upheld his sentence by a vote of 7-2. Throughout the legal proceedings, much attention was devoted to the "bad tendency" doctrine-the idea that speakers and writers were responsible for the probable effects of their words-which the Supreme Court explicitly endorsed in its decision. According to Justice Edward T. Sanford, "A state may punish utterances endangering the foundations of organized government and threatening its overthrow by unlawful means." More important was Justice Oliver Wendell Holmes' dissent, in which he argued that the mere expression of ideas, separated from action, could not be punished under the "clear and present danger" doctrine. As Holmes put it, "Every idea is an incitement"-and the expression of an idea, no matter how disagreeable, was protected by the First Amendment. While the majority disagreed, it also raised and endorsed the idea that the Bill of Rights could be violated by neither the federal government nor individual states-an idea known as "incorporation" that was addressed for the first time in this case. In recreating Gitlow, Marc Lendler opens up the world of American radicalism and brings back into focus a number of key figures in American law: defense attorney Clarence Darrow; New York Court of Appeals justices Roscoe Pound and Benjamin Cardozo; Walter Pollak of the fledgling ACLU; and dissenting justices Oliver Wendell Holmes and Louis Brandeis. Lendler also traces the origins of the incorporation doctrine and the ebb and flow of Gitlow as a precedent through the end of the Cold War. In a time when Islamic radicalism raises many of the same questions as domestic Communism did, Lendler's cogent explication of this landmark case helps students and Court-watchers alike better understand "clear and present danger" tests, ongoing debates over incitement, and the importance of the Holmes-Brandeis dissent in our jurisprudence.
Author: Justin Driver Publisher: Vintage ISBN: 0525566961 Category : Law Languages : en Pages : 578
Book Description
A Washington Post Notable Book of the Year A New York Times Book Review Editors’ Choice An award-winning constitutional law scholar at the University of Chicago (who clerked for Judge Merrick B. Garland, Justice Stephen Breyer, and Justice Sandra Day O’Connor) gives us an engaging and alarming book that aims to vindicate the rights of public school students, which have so often been undermined by the Supreme Court in recent decades. Judicial decisions assessing the constitutional rights of students in the nation’s public schools have consistently generated bitter controversy. From racial segregation to unauthorized immigration, from antiwar protests to compulsory flag salutes, from economic inequality to teacher-led prayer—these are but a few of the cultural anxieties dividing American society that the Supreme Court has addressed in elementary and secondary schools. The Schoolhouse Gate gives a fresh, lucid, and provocative account of the historic legal battles waged over education and illuminates contemporary disputes that continue to fracture the nation. Justin Driver maintains that since the 1970s the Supreme Court has regularly abdicated its responsibility for protecting students’ constitutional rights and risked transforming public schools into Constitution-free zones. Students deriving lessons about citizenship from the Court’s decisions in recent decades would conclude that the following actions taken by educators pass constitutional muster: inflicting severe corporal punishment on students without any procedural protections, searching students and their possessions without probable cause in bids to uncover violations of school rules, random drug testing of students who are not suspected of wrongdoing, and suppressing student speech for the viewpoint it espouses. Taking their cue from such decisions, lower courts have upheld a wide array of dubious school actions, including degrading strip searches, repressive dress codes, draconian “zero tolerance” disciplinary policies, and severe restrictions on off-campus speech. Driver surveys this legal landscape with eloquence, highlights the gripping personal narratives behind landmark clashes, and warns that the repeated failure to honor students’ rights threatens our basic constitutional order. This magisterial book will make it impossible to view American schools—or America itself—in the same way again.
Author: Mark E. Dudley Publisher: Twenty First Century Books ISBN: 9780805039160 Category : Juvenile Nonfiction Languages : en Pages : 96
Book Description
Points out that although a 1962 Supreme Court case decided that official prayers in public schools are unconstitutional, the issue of separation of church and state remains.
Author: David M. O'Brien Publisher: ISBN: Category : History Languages : en Pages : 216
Book Description
The Santeria religion of Cuba—the Way of the Saints—mixes West AfricanYoruba culture with Catholicism. Similar to Haitian voodoo, Santeria has long practiced animal sacrifice in certain rites. But when Cuban immigrants brought those rituals to Florida, local authorities were suddenly confronted with a controversial situation that pitted the regulation of public health and morality against religious freedom. After Ernesto Pichardo established a Santeria church in Hialeah in the 1980s, the city of Hialeah responded by passing ordinances banning ritual animal sacrifice. Although on the surface those ordinances seemed general in intent, they were clearly aimed at Pichardo's church. When Pichardo subsequently sued the city, a federal court ruled in the latter's favor, in effect privileging the regulation of public health and morality over the church's free exercise of its religion. The U.S. Supreme Court heard Pichardo's appeal in 1993 and unanimously decided that the city had overstepped its bounds in targeting this particular religious group; however, the court was sharply divided regarding the basis of its decision. Three concurring opinions registered distinctly different views of the First Amendment, the limits of government regulation, and the religious freedom of minorities. In the end, the nine justices collectively concluded that freedom of religious belief was absolute while the freedom to practice the tenets of any faith were subject to non-discriminatory local regulations. David O'Brien, one of America's foremost scholars of the Court, now illuminates this controversy and its significance for law, government, and religion in America. His lively account takes us behind the scenes at every stage of the litigation to reveal a riveting case with more twists and turns than a classic whodunit. Ranging with equal ease from primitive magic to municipal politics and to the most arcane points of constitutional law, O'Brien weaves a compelling and instructive tale with a fascinating array of politicians, lawyers, jurists, civil libertarians, and animal rights advocates. Offering sharp insights into the key issues and personalities, he highlights cultural clashes large and small, while maintaining a balance for both the needs of government and the religious rights of individuals. The "Santeria case" reaffirmed that our laws must be generally applicable and neutral and may not discriminate against particular religions. Tracing the path to that conclusion, Animal Sacrifice and Religious Freedom provides a provocative and learned account of one of the most unusual and contentious religious freedom cases in American history.
Author: Carol Haas
Author: Carol Haas
Author: Shane Mountjoy
Author: Bruce J. Dierenfield
Author: Susan Dudley Gold
Author: William Joseph Murray
Author: Leonard W. Levy
Author: Marc Lendler
Author: Justin Driver
Author: Mark E. Dudley
Author: David M. O'Brien