Chapter 13 Review Flashcards
Which act allows public high schools receiving federal funds to permit student religious groups to hold meetings in the school?
The Equal Access Act
What is one way some states have responded to Supreme Court rulings against school-sponsored prayer?
Moment of silence laws without mention of prayer
What is the definition of pure speech?
Pure speech is the verbal expression of thought and opinion before an audience that has chosen to listen.
Which constitutional test was developed in Schenck v. United States (1919) to examine free speech cases?
The “clear and present danger” rule
Why did the Supreme Court rule the law in Near v. Minnesota (1931) unconstitutional?
The law was unconstitutional because it involved prior restraint.
Which clause of the First Amendment is interpreted to mean a separation between church and state?
The Establishment Clause
In which case did the Supreme Court uphold a law allowing parents to deduct private school expenses from their state income tax?
Mueller v. Allen (1983)
What did the Supreme Court rule in Turner Broadcasting System, Inc. v. FCC (1997) regarding cable operators?
Cable operators are not entitled to maximum First Amendment protections.
What precedent was set by the Feiner v. New York (1951) case regarding police action during demonstrations?
The police may disperse a demonstration if it threatens public peace.
Which Supreme Court case established a three-part test to determine if government aid to parochial schools violates the Establishment Clause?
Lemon v. Kurtzman
What does symbolic speech involve?
Symbolic speech involves the use of actions or symbols to express opinions.
What did the Supreme Court rule in Richmond Newspapers, Inc. v. Virginia (1980) regarding press access to trials?
Trials must be open to the press and public except under limited circumstances.
Which of the following is considered a fundamental human right?
The Right to Life
Which of the following is a human right guaranteed by the Constitution?
The Right to Freedom from Torture
In which case did the Supreme Court rule that Amish parents could withdraw their children from public school after the eighth grade?
Wisconsin v. Yoder (1972)
What is the definition of prior restraint?
Prior restraint is the censorship of information before it is published.
How has the Supreme Court interpreted ‘due process’ in relation to the Bill of Rights?
Due process includes protections like search and seizure and the right to a lawyer
Which case concluded that patriotism could be achieved without forcing people to violate their religious beliefs, overturning a previous ruling?
West Virginia State Board of Education v. Barnette (1943)
What legal principle was established by the DeJonge v. Oregon (1937) case regarding the right to assembly?
The right to assembly is as important as the rights of free speech and free press.
What was the outcome of Gregory v. City of Chicago (1969) concerning the rights of protesters?
The Court overturned the conviction because the protesters were exercising their First Amendment rights.
What did the Supreme Court rule in Sheppard v. Maxwell (1966)?
Press coverage interfered with Sheppard’s right to a fair trial.
What was the ruling in Texas v. Johnson (1989) regarding flag burning?
The Court ruled that flag burning was protected symbolic speech.
What was the ruling in Adderly v. Florida (1966) concerning demonstrations on public property?
Demonstrators could not enter the grounds of a county jail without permission.
What was the significance of the Smith Act in Dennis v. United States (1951)?
The Smith Act made advocating the forcible overthrow of the government illegal.
According to Justice Hugo L. Black in 1971, what is the role of the press?
The press is to serve the governed, not the governors.
What did the Court rule in Lloyd Corporation v. Tanner (1972) regarding assembly on private property?
The right to assemble does not allow a group to convert private property to its own use.
Under what condition can the government regulate symbolic speech?
The government can regulate symbolic speech if it endangers public safety.
What did the Supreme Court rule about gag orders in Nebraska Press Association v. Stuart (1976)?
Gag orders are too vague and broad to satisfy the First Amendment.
What was the Supreme Court’s decision in Cox v. New Hampshire (1941) regarding parades?
The Court upheld a law requiring a permit to parade to ensure public safety.
In which case did the Supreme Court declare that it is unconstitutional for government to compose official prayers for public schools?
Engel v. Vitale (1962)
What did the Court decide in Whitney v. California (1927) about the limits of free speech?
The state can punish speech that poses a clear and imminent danger.
What did the Supreme Court rule in Thornhill v. Alabama (1940) regarding labor picketing?
Peaceful picketing is a form of free speech.
What is a key requirement for restrictions on freedom of assembly according to the Supreme Court?
Restrictions on freedom of assembly must be precisely worded and apply equally to all groups.
What did the Supreme Court rule in Reno v. American Civil Liberties Union (1997) regarding Internet speech?
Internet speech deserves the same level of First Amendment protection as print media.
- What is the definition of ‘incorporation’ in the context of constitutional rights
The process by which the Bill of Rights was extended to the states and localities
What does the “bad tendency” doctrine allow?
The “bad tendency” doctrine allows restriction of speech if it tends to lead to illegal actions.
Which case upheld that the Bill of Rights was not intended to limit state and local governments?
1833 - Barron v. Baltimore
