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Lemon v. Kurtzman

Lemon v. Kurtzman. Tinker v. Des Moines. and. Celeste Keith. Facts- Lemon v. Kurtzman. In 1971, Pennsylvania and Rhode Island governments provided funding to church-related schools A group of people sued the districts, claiming that the funding violated the establishment clause

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Lemon v. Kurtzman

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  1. Lemon v. Kurtzman

    Tinker v. Des Moines and Celeste Keith
  2. Facts- Lemon v. Kurtzman In 1971, Pennsylvania and Rhode Island governments provided funding to church-related schools A group of people sued the districts, claiming that the funding violated the establishment clause The issue is whether or not governments can provide funding to non-public schools
  3. Ruling- Lemon v. Kurtzman The supreme court decided both the Pennsylvania and the Rhode Island programs were unconstitutional They created excessive entanglement between church and state The three factors that they used to determine this became known as the “Lemon test”
  4. Changes- Lemon v. Kurtzman This case changed the way we think about religion and education Has led to many other lawsuits about the federal funding of private schools Chief Justice Burger first used the “Lemon test” that would be used in many other cases to come
  5. Facts- Tinker v. Des Moines Mary Beth Tinker was a 13 year old student that decided to wear a black arm band to school to protest the Vietnam War in 1965 When she refused to take it off, the school sent her home and was suspended She took her case to the supreme court
  6. Ruling- Tinker v. Des Moines In a 7-2 margin, the court ruled that the rights of the students do not stop once they enter school, and the kids do have the right to wear the bands Because the armband was not disruptive, the students had the constitutional right to wear one “The school officials banned and sought to punish petitioners for a silent, passive expression of opinion, unaccompanied by any disorder or disturbance on the part of petitioners. There is here no evidence whatever of petitioners' interference, …with the schools' work or of collision with the rights of other students to be secure and to be let alone. Accordingly, this case does not concern speech or action that intrudes upon the work of the schools or the rights of other students.” – Justice Abe Fortas
  7. Changes- Tinker v. Des Moines After the Tinker case, schools had to be more careful about what they said the kids could and could not wear Dress codes were challenged How far can a school go to strip kids of their 1st Amendment rights while in the vicinity of the school?
  8. Works cited http://www2.maxwell.syr.edu/plegal/scales/tinkerdec.html http://www.bc.edu/bc_org/avp/cas/comm/free_speech/tinker.html http://www.law.cornell.edu/supct/html/historics/USSC_CR_0403_0602_ZS.html http://www.firstamendmentschools.org/freedoms/case.aspx?id=477
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