FIN240 Case Problem Analysis 4.1

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Assume that instead of the military-equipment issue, Thomas's religion required that he take a break at noon every day to take illegal drugs. The drugs are considered "Schedule 1" drugs, meaning the government has evaluated them and determined that the drugs have no medicinal value but have a high risk of addiction or serve as "gateway" drugs, leading users to even more serious drugs. The state relies on studies linking drug use to criminal activity and violence.

Alternate Premise

8. The free exercise clause has an absolute protection related to ________ but the government may restrict an individual's ________ in order to maintain order.

Beliefs, actions

6. Thomas alleges that the state denied him unemployment because he quit rather than work in a location where his religious ________ would be violated, and he claims a violation of the ________ clause.

Beliefs, free exercise

1. A court is likely to find that the state's interest in reducing illegal drug activity, with the associated criminal activity, is a ________ interest that would justify violating Thomas's religious freedom.

Compelling

7. In order to infringe upon Thomas's rights in this way, the state must have a(n) _________ interest that can only be served by infringing upon his rights.

Compelling

9. In order to financially support himself, Thomas either had to ________ working for the military division or needed to ________ unemployment benefits.

Continue, receive

14. Because the state forced Thomas to choose between his religion and his unemployment benefits, the state _________ violate his free exercise rights.

Did

4. Freedom of religion is divided into two major categories. The first prevents the government from _______ a state-sponsored religion, promoting, or preferring religion.

Establishing

1. Thomas is claiming that the state violated his ________ Amendment right to freedom of religion.

First

3. The Bill of Rights originally was intended only to limit the federal government but was "incorporated" and applies to the states as well because of the _______ Amendment.

Fourteenth

5. The second component of religious freedom guarantees that people can believe what they want to believe and is called the ________ clause.

Free exercise

2. The Bill of Rights was intended to protect the rights of ________ against infringement by ________.

Individuals, the government

Thomas worked in the non-military operations of a large firm that produced both military and nonmilitary goods. When the company discontinued the production of nonmilitary goods, Thomas was transferred to the plant producing military equipment. Thomas left his job, claiming that it violated his religious principles to participate in the manufacture of goods to be used in destroying life. In effect, he argued, the transfer to the military-equipment plant forced him to quit his job. He applied for unemployment compensation with the state but was denied because he had not been effectively "discharged" by the employer but had voluntarily terminated his employment, making him ineligible for that state benefit.

Premise

10. In order to receive unemployment benefits, Thomas could not ________, but instead had to _________.

Quit voluntarily, be terminated

11. Thomas's company did not _______ him; instead, it allowed him an opportunity to continue working, but for the military division.

Terminate

2. If the court considers the state's reasons sufficient, it is likely to find that the regulation that violates Thomas's religious freedom is ________ if the regulation is the only way to meet that government objective.

Valid

12. Continuing to work for the military division would ________ Thomas's religious beliefs.

Violate

13. Because of the state's regulation, Thomas either had to ________ his religious beliefs and continue working for the military division or give up unemployment compensation.

Violate


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