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Government > 1st Amendment Freedoms > Flashcards

1st Amendment Freedoms Flashcards

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1
Q

Protections against arbitrary acts of government

A

Civil liberties

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2
Q

Positive acts of government that seek to make constitutional guarantees a reality for all

A

Civil rights

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3
Q

The bill of rights was originally intended as restrictions against

A

The federal govt

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4
Q

Which amendment to the constitution extends the protections of the bill of rights to state governments

A

14th amendment (Due Process Clause)

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5
Q

The legal doctrine by which portions of the bill of rights are applied to the states through the Due Process Clause of the 14th Amendment is called ?

A

Selective incorporation

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6
Q

Which Amendment declares there are rights beyond those set out in the Constitution

A

9th amendment

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7
Q

Alexis de Tocqueville found the greatness of America in which place

A

The churches

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8
Q

List the freedoms guaranteed by the 1st amendment

A
  • freedom of speech
  • press
  • assembly and petition
  • free exercise Clause
  • establishment clause
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9
Q

Establishment clause was originally intended to mean

A

No law can establish a national religion, or prohibit the exercise of religion

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10
Q

Where did the idea of seperation between church and state come from

A

Everson v Board of Education ?? (This definitely isnt right)

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11
Q

Which 1st Amendment clause was interpreted by the Supreme Court to mean that there was an impregnable wall separating church and state

A

Establishment clause

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12
Q

Government has encouraged religion in the US in what ways

A
  • property of churches used to have no taxes

All reference God:

  • nations money
  • nations pledge
  • anthem
  • public oaths to office
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13
Q

In Lemon v Kurtzman, the Supreme Court declared state aid to religious schools constitutional if these 3 criteria are met:

A
  1. Government action MUST have a legitimate secular purpose
  2. Must NOT have the primary effect of either advancing or inhibiting religion
  3. Must NOT result in an excessive government entanglement with religion
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14
Q

What is not legal for students to do in public schools

A

Student-led prayer at school sponsored events

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15
Q

Examples of limits on free exercise of religion

A
  • no student-led prayer at school sponsored events
  • cannot require class prayer or or devotions
  • no teaching of creation science
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16
Q

Free Exercise Calsue gives people the right to

A

Believe in whatever he/she chooses to believe in the matters of religion

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17
Q

False and malicious use of the printed word is called

A

Libel

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18
Q

The crime of attempting to overthrow the govt by force is called

A

Seditious speech

19
Q

In Miller v California, the Supreme Court said that something is obscene if it meets three criteria, which are:

A
  1. If the average person, applying contemporary community standards, finds the work as a whole excites lust
  2. If it offensively describes a form of sexual conduct specifically dealt with an anti-obscenity law
  3. If it lacks serious literary, artistic, political, or scientific value
20
Q

Government action seeking to curb ideas before they are expresses is called

A

Prior restraint

21
Q

The Supreme Court has held that the guarantee of a free press allows censorship of future publications in all cases except

A

Extreme cases like war

22
Q

This gives reporters some protection against having to disclose their sources or reveal other confidential information in legal proceedings

A

Shield laws

23
Q

Which form of media has received the most limited 1st amendment protection and is the most regulated

A

Radio and TV

24
Q

What are some examples of symbolic speech ?

A
  • Peace signs to protest the Vietnam war

- flag burning

25
Q

What 3 things does the govt have a right to make rules concerning your right to assembly

A
  • time
  • place
  • manner of public assemblies
26
Q

Glitlow v New York

A
  • “Due Process Clause” extends the protection of the Bill of Rights to the States
27
Q

Everton v the Board of Education

A
  • court supported the plan allowing the reimbursement of schools for the transportation of students to private schools
  • cannot be refused to some because of religious beliefs
28
Q

Engel v Vitale

A
  • ruled that govt sponsored prayer in public schools was a violation of the Establishment Clause
29
Q

Abington school district vs Schemp

A
  • reading bible verses or the Lord’s prayer in public schools was a violation of the establishment clause
30
Q

Epperson v Arkansas

A
  • ruled it is unconstitutional to forbid the teaching of evolution in public schools
31
Q

Edwards v Aguillard

A

Ruled it is unconstitutional to offer instruction in creation science

32
Q

Stone v Graham

A
  • Ruled it is unconstitutional to post the 10 commandments on the walls of a classroom (considered a sacred text in many religions)
33
Q

Wallace v Jaffree

A
  • Ruled that Alabama’s law requiring students to begin the day with “silent mediation or prayer” was unconstitutional because it implied to purpose of returning prayer to public schools
34
Q

Lee v Weismann (new precedent)

A
  • prohibited prayer, benediction, or invocation at any graduation ceremony
  • New precedent: established coercion test, which the court uses to determine whether an action forces people to involuntarily join in an expression of religious belief
35
Q

Santa Fe independent school district v Doe

A
  • ruled it is unconstitutional to permit student-led prayer at high school football games
  • forces spectators to undergo potentially offensive religious rituals
36
Q

Alemán v Simmons-Harris

A
  • ruled giving school vouchers to students attending either a public or private school, for the sole purpose of providing education assistance to poor students, is constitutional
37
Q

Schenk v US

A
  • established clear and present danger rule, and the court rules that reasonable limits can be imposed on the first amendment guarantee of free speech during wartime
38
Q

Brandenburg v Ohio

A
  • ruled people have the right to discuss the possibility of using violence to address social and political ills, unless it can be proved that those words led to direct violent action
39
Q

Buckley vs Valeo

A
  • ruled that campaign contributions are a symbolic expression of support for candidates and is protected speech
40
Q

Texas v Johnson

A

Held that flag burning is an act of political protest and expressive conduct protected by the first amendment

41
Q

Gregory v Chicago

A

Ruled that as long as demonstrators act peacefully, even if bystanders case a riot, the demonstrators cannot be punished for disorderly conduct

42
Q

Hill v Colorado

A

Rules that people cannot stand less than 8 feet away from anyone within 100 feet of an abortion clinic and wants to enter

43
Q

Boy Scouts of America v Dale

A

Ruled that boy scouts have the right to excuse gays from their organization since the foundation believes in an opposition to homosexuality

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