iii. Affirmed the separation of church and state iv. Reinforced the First Amendment’s Establishment Clause 5. School District of Abington Township, Pennsylvania v. Schempp (1963) i. Chief Justice: Earl Warren ii. Deemed “required prayer in public schooling” unconstitutional iii. Reinforced the Free Exercise Clause and the Establishment Clause iv. Strengthened and reaffirmed the separation of church and state 6. Lemon v. Kurtzman (1971) i. Chief Justice: Warren E. Burger ii. State subsidy of religious schools violates Establishment Clause iii. Statues must fulfill a 3 prong test: secular legislative purpose, principal effects which neither advance nor inhibit religion, and the assurance of state separation from religious entanglement iv. Court reasoned state subsidy of religious schools also created potential for political divisions 7. Zelman v. Simmons-Harris (2002) i. Chief Justice: William H. Rehnquist ii. Ohio's Pilot Project Scholarship Program not in violation of the Establishment Clause due to the fact that the students have the choice of attending a religious or nonreligious private school iii. Court reasoned aid initiative for advancing education not religion iv. Only limits upon the program are the income qualifications and place of residency First Amendment: Free Speech Cases 8. Schenck v. United States (1919) i. Chief Justice: Edward D. White ii. Court found Schenck did not have a First Amendment right against military conscription during World War I iii. Founded the “clear and present danger” rule which asserts the bounds of First Amendment protection iv. Upheld 1917 Espionage Act
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