First Amendment topicsAbout the First Amendment
2005-2006 Supreme Court Term
   Petitions Filed
 
Freedom of Religion
 
  Review Granted
  Gonzales v. O Centro Espirita Beneficiente Uniao Do Vegetal
  Whether the Religious Freedom Restoration Act of 1993 requires the government to permit the importation, distribution, possession, and use of a Schedule I hallucinogenic controlled substance, where Congress has found that the substance has a high potential for abuse, it is unsafe for use even under medical supervision, and its importation and distribution would violate an international treaty.
 Petitions for Review (pending cases)
  Anaya v. Douglas County, Nebraska
  Challenge to a state law that requires all newborns to undergo testing for metabolic diseases. (1) Did Employment Division v. Smith (1990) create a hybrid claim exception whereby if litigant’s free-exercise claim is combined with another constitutional claim, strict scrutiny would be the appropriate standard of review? (2) Is strict scrutiny the appropriate standard of review to apply when such state action burdens a party’s First Amendment right to freely exercise his religion along with another constitutional right such as that of parents to direct the upbringing of their children?
  Lott v. Eastern Shore Christian Center
  (1) May “Christian Center” organized as a corporation assert the First Amendment as a bar to enforcement of member’s statutory right of access to financial records? (2) Did the courts below misapply the First Amendment to evade oversight or discovery of financial improprieties? (3) What is the extent to which First Amendment concerns with neutrality in church litigation are affected by voluntary organization subject to corporate statutes?
  O’Connor v. Washburn University
  Whether an allegedly anti-Catholic display on public university grounds violated the Establishment Clause of the First Amendment.
  Pardue v. Center City Consortium Schools of Archdiocese of Washington, Inc.
  Does First Amendment exempt religious institutions from accountability from all claims of discrimination, regardless of their basis, proscribed by valid and neutral state and federal employment anti-discrimination laws?
  Wirzburger v. Galvin
  Does a provision in the Massachusetts Constitution that forbids citizens from petitioning the legislature for private school funding violate free speech and free exercise clause of the First Amendment?
 Review Denied
  American Jewish Congress v. Corporation for National & Community Service
  Whether portions of the AmeriCorps Education Awards Program, a nationwide community service program operated by the Corporation for National and Community Service, have the effect of advancing religion.
  Bannon v. Palm Beach County School District
  (1) Did school officials engage in viewpoint discrimination in violation of the First Amendment when they required that religious references be removed from murals painted by student on construction barriers at public school as part of a project meant to allow for student expression and school beautification? (2) Does the First Amendment allow school officials to discriminate on the basis of viewpoint in censoring student speech that also is considered ‘school-sponsored’ speech under Hazelwood School District v. Kuhlmeier? (3) Did the court of appeals err in holding that a mural project, which was intended to beautify school and serve as a forum for student expression, was ‘school-sponsored’ speech subject to regulation on the grounds that such regulation was reasonably related to pedagogical interests under Hazelwood?
  Colorado v. Harlan
  Does jury's consideration of biblical passages in capital sentencing proceedings invalidate death sentence?
  Lambeth v. Board of Commissioners of Davidson County
  Whether an "In God We Trust" inscription on the Davidson County Government Center in Lexington, N.C. violated the Establishment Clause.
  Roman Catholic Archbishop of Los Angeles v. Superior Court of Los Angeles County
  Whether a prosecutor’s attempt to subpoena records generated by a bishop and priests in dealing with concerns about child sexual abuse violated their First Amendment free exercise rights.
  Scalise v. Boy Scouts of America
  Plaintiffs father and son allege First Amendment violation when they were excluded from a local Cub Scout group affiliated with Boy Scouts when the father refused to affirm the Boy Scouts' religious declaration.
  Simpson v. Chesterfield Co. Board of Supervisors
  Whether a government-sponsored prayer at local meetings violated the First Amendment insofar as it did not allow a Wiccan priestess to use her own prayers to open sessions.
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