1st Amendment Ch19

Question 0

Two forms
A) free exercise:
     -
B)establishment clause: 
     -

Answer 0

Carry out religious believes how you see fit; to an extent.
-sherbet test
Government and religion can’t be overly mixed;”a wall separation.”
-Lemon test

Question 1

Which amendments cover the freedom of religion?

Answer 1

The first and 14th amendment(applied to the states).

Question 2

Since the 1940s, most establishment clause cases of involved education, and four major areas:
1
2
3
4

Answer 2

1.released time:letting people go from school for alternative purposes.
(McCollum v. Board of Education, 1958 and Zorach v.Clauson, 1952)
2.no school prayer (Engel v. Vitale, 1962 and Equal access act of 1984)
3.Evolution (Edwards v. Aguiard 1987)
4.Aid to parochial schools

Question 3

Speech and press is covered by which amendment?

Answer 3

The first and 14th

Question 4

The purpose of speech and press in the 13th and 14th amendment.

Answer 4

To protect unpopular views and to criticize the government.

Question 5

The right to free speech is not absolute, there are reasonable restrictions:

 - slander:
 - libel:
 - sedition: - \_\_\_:there can be reasonable restrictions on your free speech.

Answer 5

• pass on false malicious rumors was spoken words.
• pass on false malicious rumors with written words.
• The crime of trying to overthrow the government or its activity.
• Schenck v U.S. 1919

Question 6

Common areas of conflict in speech and press:
A)
B)
C)
D)

Answer 6

A)Obscenity
-not protected, but how do you define obscenity?
-Millard v. California, 1973: set the standard for what is legally obscene.
-Miller Test
B) Restraint: The curbing of ideas before they are expressed when it concerns national security.
-Near v. Minnesota 1931: prior restraint is only okay when it deals with national security.
C) Confidentiality
-shield laws: protect source confidentiality.
D)Symbolic Speech: conduct to get your paint a few across.
-US versus O’Brien 1968: Vietnam war, burning draft card, not protected because it takes away the government to rightful actions.
-Texas versus Johnson 1989: defacing a state monument, burned the flag, okay because it doesn’t harm or infringe on others.

Question 7

A commitment to freedom is deeply rooted in America’s colonial past, ranging back to our country’s English origins.
The __ and the __both guarantee certain rights and liberties to the American people. The second did not originally contain a general listing of these rights however. Public outcry brought about such a listing, which is known as the ___

Answer 7

Declaration of independence, Constitution, Bill of Rights

Question 8

Civil rights:

Civil liberties:

Answer 8

-The portion of law related to human conduct, to disputes between private parties, and to disputes between private parties in government not covered by the law.
Meant to make a reality.
-The guarantees a safety of persons, opinions, and property from the arbitrary acts of government, including freedom of speech and religion. (Protect against the government )

Question 9

The government of the United States is a__-it can do only those things that the people allow it. The difference between democracy and dictatorship is the extent of the___.

Answer 9

Democracy

Authority

Question 10

But you see, individual freedoms are not unlimited. Individual freedom is limited by the duty not to French on___as well as each person’s rights are___.

Answer 10

The rights of others

Relative

Question 11

Sometimes the basic rights of one person or group conflict with the basic rights of another. When this happens, ___ must weigh the conflicting claims.
-___: Sheppard claims that the highly sensational coverage denied him a fair trial.

Answer 11

Court

Sheppard v. Maxwell,1966

Question 12

Most constitutional rights are guaranteed to both __ and ___. There are some rights that may be denied to __ however, such as right to move freely about the country.

Answer 12

Citizens
Non citizens
Aliens

Question 13

American federalism creates a complex pattern of rights and guarantees. The scope of the bill rights originally applied to only the __ and not to the ___. Modified affectively 14th amendment is important because it …

Answer 13

national government
existing states
has the due process clause in which the states can’t deny a person of their basic or essential rights.

Question 14

Process of incorporation:

Answer 14

The incorporation or merging most of the guarantees in the Bill of Rights into the 14th amendment’s due process clause.

Question 15

The case that begin with the process of incorporation was ___. The case centered around a communist who was convicted of criminal anarchy in the state court because of his speeches and pamphlets. However it was decided that this was a violation of the 14th amendments do you process clause.

Answer 15

Gitlow v. New York

Question 16

The ninth amendment states that…

Answer 16

the rights retained by the people that are not completely catalog in the constitution.

Question 17

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government where the address of grievances .

Answer 17

1st amendment

Question 18

The right of assembly and petition are guaranteed by which amendments.

Answer 18

The thirst and 14th amendment.

Question 19

Right to assemble:

• Ways who can exercise your rights to assemble:
• it must be peaceful. You cannot…
• The government may regulate the right to simple based on three criteria:

Answer 19

• to gather with one another to express views on public matters.
• political parties or interest groups
• insight violence, block a public street, close the school, endanger your life or property or Public Safety.
• Time place or manner

Question 20

However, government regulation on public assemblies must be both reasonable and content neutral. Examples are reasonable restrictions include:

• __:The court upheld a city ordinance that prohibits making any noise or diversions near a school if it becomes disruptive of school activities.
• __: State law that prevents parades near courthouse when they are intended to influence court proceedings.

Example of unreasonable regulations:
-___:denied the city ordinance of three or more people on the street corner conducting themselves in a manner annoying to a person’s passing or nearby occupants it was considered to be too vague.

Answer 20

• Grayned v. City of Rockford, 1972
• Cox v.Louisiana, 1965
• Coates v. Cincinnati, 1971

Question 21

What are the differences when it comes to simply between public and private property?

• ___:State law that requires a license to pull the parade or procession on a public street.
• ___:as long as the demonstrators acted peacefully, they cannot be punished for disorderly conduct.

Answer 21

• Cox v. New Hampshire, 1941

- Gregory v. Chicago, 1969

Question 22

____:to bring their views to attention of public officials by such very means as written petitions, letters, or advertisements; lobbying, periods, and marches.

Answer 22

Right to petition