Chapter 15 - Constitutional Freedoms Flashcards
T or F. The Equal Rights Amendment passed and it actually amended the Constitution.
False. It fell three states short and there is no federal ERA.
Obergefell v. Hodges (2015)
Which Supreme Court case ruled that the fundamental right to marry was guaranteed to same-sex couples legalizing same-sex marriage nationwide?
T or F. Schools are allowed to teach about the history of religion and the religions of the world as long as they do not endorse any particular belief.
True
Rational basis
If a state is requiring its citizens to be a certain age before they can marry, which test would be used to see if it offends the equal protection clause?
The first phrase in the First Amendment is called _______.
The Establishment Clause
Name that test under the equal protection clause: There must be a close connection or substantial relationship between the law or government action and an important government purpose.
Substantial Relationship
Brown v. Board of Education (1954)
In this Supreme Court decision, the Court ruled that separate facilities for African Americans and whites were inherently unequal.
19th Amendment
Which Amendment granted women the full right to vote?
The essential core political purpose of the First Amendment is ______.
Self-governance
True
T or F. In 2010, Congress passed a bill repealing a ban on openly gay people serving in the military.
- Prohibit discrimination based on race, religion, sex, and national origin in employment, which includes hiring, firing, working conditions, and promotion.
The Civil Rights Act of 1964 empowered the federal government to:
Free Exercise Clause
The ________ of the First Amendment prohibits government from unduly interfering with the free exercise of religion.
When is the “rational basis” test used?
This test is used when the group of people being discriminated against is not part of a group that has been historically mistreated by the government.
Define “self-governance”
Enabling people to obtain information from a diversity of sources, make decisions, and communicate these decisions to the government.
If a state is requiring its citizens to be a certain age before they can marry, which test would be used to see if it offends the equal protection clause?
Rational basis
T or F. Fighting words are not protected by the First Amendment.
True
Rational Basis
________ is a standard of judicial review that examines whether a legislature had a reasonable and not arbitrary reason for enacting a particular statute.
Equal Protection
___________ means that laws must apply to all people who are in similar situations unless the state has a very good reason.
True
T or F. Over the past 100 years, courts have ruled that other government officials (in addition to federal) may not make laws abridging free speech either.
Prayer in Public Schools. The Supreme Court banned school-sponsored Bible reading and recitation of the Lord’s Prayer.
Abington v. Schempp (1963)
Slander
When defamation is spoken, it’s called _______.
Affirmative Action
_________ describes policies that give preference to women or minorities for jobs, promotions, admissions to schools, or other benefits, in order to make up for past or current discrimination.
True
T or F. the First Amendment to the U.S. Constitution guarantees freedom of the press.
_________ is a false expression about a person that damages that person’s reputation.
Defamation
Gitlow v. New York
Which Supreme Court case ruled that the Fourteenth Amendment required states to protect freedom of speech?
Palko v. Connecticut
Which Supreme Court case said that incorporation applied to what it called fundamental rights?
Stromberg v. California (1931).
Symbolic Speech. A California state law prohibited the public display of a red flag (associated with communism) as a symbol of opposition to organized government. The Supreme Court said the law was unconstitutional, because it could punish legal opposition to government.
True
T or F. The Supreme Court has clearly ruled that the 2nd Amendment protects an individual’s right to keep a gun.
Which Supreme Court case said the right to bear arms was incorporated?
McDonald v. City of Chicago
True
T or F. Civil rights laws prohibit discrimination based on race, gender, religion, and national origin in employment, public accommodations, government services, and voting.
A Town requiring a citizen to obtain a permit to hold a march is an example of ________.
A time, place, and manner restriction on speech.
Strict Scrutiny
Name that test under the equal protection clause: Regardless of who the case involves, the test is also used if the case involves fundamental rights, like those listed in the Bill of Rights, the right to travel, and the right to privacy.
Seditious Speech. If a conflict occurs between free expression and public safety, judges often look at whether the speech presents an _________.
Immediate Danger
Students wore black armbands to school to protest the Vietnam War. They were suspended, but the Supreme Court ruled that the school could not punish the students for this symbolic speech. It said students do not “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate” and this particular symbolic speech did not substantially disrupt the school’s educational environment.
Tinker v. Des Moines (1969)
______ requires federal agents to get a warrant from a special FISA court before tapping domestic phone and computer lines.
FISA
True
T or F. Dad can regulate the content of Jake’s text messages.
_________ occurs when governments prohibit the use of publications or productions they find offensive or contrary to their own interests.
Censorship
Petition
_____ means to request.
Texas v. Johnson (1989)
A protestor burned the American flag, which was against the law in Texas. The Supreme Court said the law banning flag burning was unconstitutional because it infringed on the right to free speech.
T or F. In 2010, Congress passed a bill repealing a ban on openly gay people serving in the military.
True
T or F. Dad can regulate the content of Jake’s text messages.
True
Fighting Words
________ are words spoken face-to-face that are likely to cause immediate violence.
The First Amendment’s protection of _______________ and _____________ is central to U.S. Democracy.
Speech and Expression
________ is speech urging the resistance to lawful authority or advocating the overthrow of the government.
Seditious Speech
T or F. the First Amendment to the U.S. Constitution guarantees freedom of the press.
True
Name that test under the equal protection clause: The law treats people differently based on race, color, national origin, or religion.
Strict Scrutiny
In this Supreme Court case, the Court said speech that generally advocates violence is protected.
Brandenburg v. Ohio (1969)
Define “symbolic speech”
The use of actions and symbols in addition to or instead of words to express ideas.
T or F. The government cannot deny a demonstration permit simply because it does not like the message.
True
The Civil Rights Act of 1964 empowered the federal government to:
- Prohibit discrimination based on race, religion, sex, and national origin in employment, which includes hiring, firing, working conditions, and promotion.
The _____aimed to give individual Native Americans all the benefits of land ownership and education. It had the effect of braking up reservations and cultural loyalty.
The Dawes Act
What does the Supreme Court balance in 2nd Amendment cases?
Right to bear arms vs. Gun control
Reno v. ACLU (1997)
In this case, the Supreme Court ruled that a law prohibiting the distribution of indecent material online was unconstitutional because it was too broad.
_________ is a physical or mental condition that causes a person to have difficulty seeing, hearing, talking walking or performing basic activities of daily living.
Disability
When is the “strict scrutiny” test used?
When a law discriminates based on race, national origin, or citizenship status. It is also used when a law infringes on a fundamental right.
True. Such as in prisons, schools, and the military.
T or F. There are some special places where the rules about free speech are different than in the general public.
Describe the “rational basis” test
Under this test, judges will uphold a law or practice that treats some people differently than others if there is a rational basis for the different treatment.
The ______bans wage discrimination.
1963 Equal Pay Act
Prayer in Public Schools. The Court struck down an Alabama law requiring teachers to observe a moment of silence for “mediation or voluntary prayer” at the start of each school day.
Wallace v. Jaffree (1985)
The __________ broadened the definition of who could be seen as a terrorist and expanded the government’s power to detain, investigate, and prosecute suspected terrotists.
The Patriot Act
_________ means the government must follow fair procedures if it is going to deprive someone of live, liberty, or property.
Procedural Due Process
Substantive Due Process
__________ means the law themselves have to be fair.
_____ means to request.
Petition
The _____ forbids the government from passing laws requiring attendance at any church or belief in any religion idea.
The Establishment Clause
Gag Order and Sequester
Name two actions a trial judge can take to protect a defendant’s Sixth Amendment rights.
True
T or F. Generally the Supreme Court has ruled that in instances where governments display symbols of a VARIETY of religions, or do so with a secular purpose, such displays are constitutional.
Substantive Due Process
_______ is the principle requiring that a government action not unreasonably interfere with a fundamental or basic right.
Libel
When defamation is written or published, it’s called _______ .
Obscenity
________ is anything that (1) treats sex or nudity in an offensive or lewd manner, (2) violates recognized standards of decency, AND (3) lacks serious literacy, artistic, political, or scientific value.
In this Supreme Court decision, the Court ruled that separate facilities for African Americans and whites were inherently unequal.
Brown v. Board of Education (1954)
Abington v. Schempp (1963)
Prayer in Public Schools. The Supreme Court banned school-sponsored Bible reading and recitation of the Lord’s Prayer.
True
T or F. The Fourteenth Amendment was used to overturn several laws that overtly discriminated against a specific racial group.
True
T or F. In the United States, attempts at prior restraint are presumed unconstitutional by the courts, unless publication would cause a certain, serious, and irreparable harm, AND stopping publication would prevent the harm, but no lesser means would do so.
Symbolic Speech. For young men burned their draft cards to protest their draft cards to protest the Vietnam War. They were arrested for violating a law that required them to keep their draft cards in their possession at all times. The Supreme Court ruled that the law did no violate the First Amendment because it served a valid government interest and was not intended to suppress speech. The men could have sent the same message in other formats.
U.S. V. O’Brien (1968)
True. Because it has a “good reason.”
T or F. A government can prohibit advertising about cigarettes (commercial speech) to children.
Roe v. Wade
Established a woman’s right to get an abortion during the first six months of her pregnancy, but said that individual states could prohibit abortion in the last three months.
McDonald v. City of Chicago
Which Supreme Court case said the right to bear arms was incorporated?
Hazelwood v. Kuhlmeier (1988)
In this Supreme Court case, the Court ruled that school officials can regulate student speech in school-sponsored activities, like the school newspaper or theater productions.
True
T or F. As a general rule, government cannot regulate the CONTENT of expression, except in special situations.
What future Supreme Court Justice was the lawyer for the NAACP that argued the Brown v. Board of Education case before the Supreme Court?
Thurgood Marshall
Strict Scrutiny
Name that test under the equal protection clause: The law treats people differently based on race, color, national origin, or religion.
T or F. Civil rights laws protect against employment discrimination based on national origin?
True
Censorship
_________ occurs when governments prohibit the use of publications or productions they find offensive or contrary to their own interests.
Civil Rights Movement
The ________________ movement was the struggle by African Americans in the mid-1950s to late 1960s to be free of racial discrimination and to achieve rights, freedoms, and opportunities equal to those of whites.
T or F. Freedom of speech is unlimited.
False
T or F. The First Amendment guarantees “the right of the people to peaceably assemble and petition the Government for a redress of grievances.”
True
_______ includes signing a petition, filing a lawsuit, writing a letter or e-mail, testifying before a tribunal, and collecting signature for a ballot initiative.
Right to Petition
T or F. Since the Bill of Rights limited only the federal government, the right to due process (guaranteed by the Fifth Amendment) was not guaranteed by the States.
True
T or F. For the most part, students in public schools have more limited First Amendment freedoms than in public forums.
True
What is the primary federal gun-control law called?
The Gun Control Act of 1968
Substantial Relationship
Name that test under the equal protection clause: There must be a close connection or substantial relationship between the law or government action and an important government purpose.
True
T or F. For the most part, students in public schools have more limited First Amendment freedoms than in public forums.
Picket
________ means to demonstrate, as a against a government’s policies or actions.
Near v. Minnesota
Which Supreme Court case ruled the Fourteenth Amendment required states to protect freedom of the press?
In this Supreme Court case, the Court ruled that students have free speech rights in school as long as exercise of that right does not result in a substantial disruption in the educational process or violate the rights of others.
Tinker v. Des Moines (1969)
The ________ of the First Amendment prohibits government from unduly interfering with the free exercise of religion.
Free Exercise Clause
Which Supreme Court case ruled that the Fourteenth Amendment required states to protect freedom of speech?
Gitlow v. New York
Title IX of the Education Amendments Act of 1972
The ______ protects women and girls from discrimination, and is best known for protecting female athletes from discrimination.
What are the three parts of the Lemon Test?
The government action must:
1. Have a secular, or nonreligious purpose;
2. in its main effect neither advance nor inhibit, or hold back, religion; and
3. avoid excessive entanglement of government with religion.
The process of _________ has greatly expanded the scope of constitutional rights.
Incorporation
Selective Incorporation
____________ is the process by which the Supreme Court decided on a case-by-case basis which federal rights also applied to states.
Clear and Specific
Laws governing free speech must be ______ and ___________.
Symbolic speech
Sit-ins, flag waving, demonstrations are all examples of ___________.
Dred Scott v. Sandford (1857)
In this Supreme Court case, the Court said that an enslaved man could not sue in federal court because African Americans were not U.S. citizens when the U.S. Constitution was adopted.
The Patriot Act
The __________ broadened the definition of who could be seen as a terrorist and expanded the government’s power to detain, investigate, and prosecute suspected terrotists.
True
T or F. The Fourteenth Amendment did not grant citizenship to Native Americans.
In gender discrimination cases, courts use the ____________ to see if the law or policy violates the equal protection clause.
Substantial Relationship
_________ is a standard of judicial review for a challenged policy in which the court PRESUMES the policy to be invalid unless the government can demonstrate a compelling interest to justify the policy.
Strict Scrutiny
The ________ forbids state and federal governments from setting up churches, from passing laws aiding one or all religions, or from favoring one religion over another.
The Establishment Clause
________ is anything that (1) treats sex or nudity in an offensive or lewd manner, (2) violates recognized standards of decency, AND (3) lacks serious literacy, artistic, political, or scientific value.
Obscenity
T or F. The Fourteenth Amendment did not grant citizenship to Native Americans.
True
- Americans with Disabilities Act (ADA0
- Disabilities Education Act (IDEA)
Name two laws passed to prohibit discrimination against people with disabilities:
True
T or F. Freedom of speech protects not only spoken word, but all forms of verbal and nonverbal communication.
When Courts must consider the need for peace and public order against the fundamental right of an individual to express his point of view, that is called _______.
Balancing Test
Equal Rights Amendment (ERA)
The ________ has been introduced in every congressional session since 1923, and it would amend the Constitution to specifically prohibit federal, state, and local governments from passing discriminatory laws or unequally enforcing laws based on gender.
Strict Scrutiny
Name that test under the equal protection clause: The law or government action must serve a compelling government interest in a narrowly tailored way.
Verbal expression before an audience that has chosen to listen
Define “pure speech”
In places like prisons, schools, and the military, the government has a _________ in making sure that the purpose of the institution is not compromised.
Compelling Interest
Hate Speech
Views motivated by bigotry or racism are called _____.
Describe the “strict scrutiny” test
Judges applying strict scrutiny will find the law or practice unconstitutional if the state can show that the discriminating classification serves a COMPELLING, or very important interest.
T or F. There are some special places where the rules about free speech are different than in the general public.
True. Such as in prisons, schools, and the military.
In this Supreme Court Case, a former Pentagon employee leaked the “Pentagon Papers” to the New York Times. The Government tried to stop the New York Times from publishing the papers, but the Court found the Government’s attempts at prior restraint were unreasonable.
New York Times Co. v. United States (1971)
________ are words spoken face-to-face that are likely to cause immediate violence.
Fighting Words
Plessy v. Ferguson (1896)
In this Supreme Court decision, the Court ruled that states were allowed to segregate by race so long as the state provided similar facilities to all.
1963 Equal Pay Act
The ______bans wage discrimination.
Right to Assembly
_______ means people can participate in protests, parades, and other large events to show their unity and their support or opposition to a government policy
Brandenburg v. Ohio (1969)
In this Supreme Court case, the Court said speech that generally advocates violence is protected.
Title VII of the 1964 Civil Rights Act
The ______ prohibits discrimination based on race and sex, including sexual harassment.
T or F. Over the past 100 years, courts have ruled that other government officials (in addition to federal) may not make laws abridging free speech either.
True
Fourteenth Amendment
For the first time, people of all races (excluding Native Americans) who were born in the U.S. were citizens and states could not deprive anyone of that citizenship because of the ________.
_________ are state provisions that ban government aid to any school with a religious affiliation.
Blaine Amendments
When defamation is spoken, it’s called _______.
Slander
Tinker v. Des Moines (1969)
In this Supreme Court case, the Court ruled that students have free speech rights in school as long as exercise of that right does not result in a substantial disruption in the educational process or violate the rights of others.
Griswold v. Connecticut
The Court ruled that Connecticut could not outlaw contraception because it would violate the privacy of married couples.
This person once referred to the Establishment Clause as a “wall of separation between church and state.”
Thomas Jefferson
Ban discrimination in public accommodations and in government services.
The Civil Rights Act of 1964 empowered the federal government to:
- Rational Basis
- Strict Scrutiny
- Substantial Relationship
To determine whether a law or government practice meets the equal protection standard, courtesy use one of three different tests:
Title IX of the Education Act of 1972
_________ prohibited gender discrimination in most school activities, including curriculum, faculty hiring, and student athletic programs.
Defamation
_________ is a false expression about a person that damages that person’s reputation.
Thomas Jefferson
This person once referred to the Establishment Clause as a “wall of separation between church and state.”
______ is an order by a judge barring the press from publishing certain types of information about a pending court case.
Gag order
Enabling people to obtain information from a diversity of sources, make decisions, and communicate these decisions to the government.
Define “self-governance”
Equal Protection Clause
_________ prohibits government actions from unreasonably discriminating between two different groups of people.
Name that test under the equal protection clause: There must be a logical relationship between the treatment or classification of people and the purpose of the law.
Rational Basis
_________ describes the treatment or consideration of, or making a distinction in favor of or against, a person or thing based on the group, class, or category to which that person or thing belongs rather than on individual merit.
Discrimination
In this Supreme Court case, the Court upheld a school regulation that forced children to salute the American Flag.
Minersville School District v. Gobitis (1940).
Strict Scrutiny
_________ is a standard of judicial review for a challenged policy in which the court PRESUMES the policy to be invalid unless the government can demonstrate a compelling interest to justify the policy.
The Bill of Rights protects people from actions by the _______ and from those acting with the authority of the _____.
Government and Government
Name that test under the equal protection clause: The law or government action must serve a compelling government interest in a narrowly tailored way.
Strict Scrutiny
Incorporation
The process of _________ has greatly expanded the scope of constitutional rights.
Name that test under the equal protection clause: Regardless of who the case involves, the test is also used if the case involves fundamental rights, like those listed in the Bill of Rights, the right to travel, and the right to privacy.
Strict Scrutiny
T or F. In the United States, attempts at prior restraint are presumed unconstitutional by the courts, unless publication would cause a certain, serious, and irreparable harm, AND stopping publication would prevent the harm, but no lesser means would do so.
True
- The right to a grand jury (5th Amendment)
- The unanimity requirement in a criminal jury (6th Amendment)
- The right to a civil jury trial (7th Amendment)
Today, only 3 rights have NOT been incorporated by the states. Name them.
In this case, the Supreme Court ruled that a law prohibiting the distribution of indecent material online was unconstitutional because it was too broad.
Reno v. ACLU (1997)
Which Supreme Court case said that incorporation applied to what it called fundamental rights?
Palko v. Connecticut
Plyler v. Doe.
In this case, the Supreme Court said a Texas law that refused funding to a local school district for education of undocumented children was unconstitutional because it violated the Fourteenth Amendment.
Name two laws passed to prohibit discrimination against people with disabilities:
- Americans with Disabilities Act (ADA0
- Disabilities Education Act (IDEA)
- Civil Rights Act of 1964
- Voting Rights Act of 1965
What were the two landmark civil right and voting rights laws passed by Congress in the 1960s?
This was the first case to challenge segregated elementary, middle, and high schools. The Court unanimously ruled that serrated schools could never be equal and were, therefore, unconstitutional.
What was significant about Brown v. Board of Education (1954)
Substantial Relationship
In gender discrimination cases, courts use the ____________ to see if the law or policy violates the equal protection clause.
T or F. Civil rights laws prohibit discrimination based on race, gender, religion, and national origin in employment, public accommodations, government services, and voting.
True
The Gun Control Act of 1968
What is the primary federal gun-control law called?
True
T or F. There are federal laws that protect against age discrimination and discrimination against those with disabilities.
T or F. Courts can regulate advertising to some extent.
True
Rational Basis
Name that test under the equal protection clause: When people are being treated differently based on characteristics like age, disability, wealth, or political affiliation.
True
T or F. Government may make reasonable regulations governing the (1) time, (2) place, (3) and manner of speech.
The ______ protects women and girls from discrimination, and is best known for protecting female athletes from discrimination.
Title IX of the Education Amendments Act of 1972
Substantial Relationship
Name that test under the equal protection clause: The law treats people differently based on characteristics like their sex or the marital status of their patents.
U.S. V. O’Brien (1968)
Symbolic Speech. For young men burned their draft cards to protest their draft cards to protest the Vietnam War. They were arrested for violating a law that required them to keep their draft cards in their possession at all times. The Supreme Court ruled that the law did no violate the First Amendment because it served a valid government interest and was not intended to suppress speech. The men could have sent the same message in other formats.
T or F. Standards for what is considered obscene can vary from one community to the next.
True
The ________________ movement was the struggle by African Americans in the mid-1950s to late 1960s to be free of racial discrimination and to achieve rights, freedoms, and opportunities equal to those of whites.
Civil Rights Movement
It regulates how and where guns can be sold and sets penalties for carrying and using firearms in crimes of violence or drug trafficking.
What else does The Gun Control Act of 1968 do?
The Lemon Test
What is the three-part evaluation used by the Supreme Court to decide whether government aid to schools violates the Establishment Clause called?
False or Misleading or provides information about illegal products.
Governments can ban or regulate commercial speech that is ______ or _________ or __________.
Judges applying strict scrutiny will find the law or practice unconstitutional if the state can show that the discriminating classification serves a COMPELLING, or very important interest.
Describe the “strict scrutiny” test
________ is speech where the speaker is more likely to be engaged in commerce and the intended audience is commercial, actual, or potential customers.
Commercial Speech
T or F. Content restrictions may be placed on free speech.
True
Symbolic Speech. A California state law prohibited the public display of a red flag (associated with communism) as a symbol of opposition to organized government. The Supreme Court said the law was unconstitutional, because it could punish legal opposition to government.
Stromberg v. California (1931).
_______ is an organized demonstration tactic in which participants seat themselves in a significant location and refuse to move; a form of peaceful protest.
Sit-in
___________ is speech where the speaker is more likely to be engaged in commerce and the intended audience is commercial, actual, or potential consumers.
Commercial Speech
Which Supreme Court case ruled the Fourteenth Amendment required states to protect freedom of the press?
Near v. Minnesota
T or F. A statement, written or spoken, no matter how damaging or embarrassing is not defamation if it is proven to be TRUE.
True
T or F. As a general rule, government cannot regulate the CONTENT of expression, except in special situations.
True
Define “pure speech”
Verbal expression before an audience that has chosen to listen
T or F. Generally the Supreme Court has ruled that in instances where governments display symbols of a VARIETY of religions, or do so with a secular purpose, such displays are constitutional.
True
True
T or F. The First Amendment prohibits the government from either endorsing or punishing religious beliefs or practice.
The Court ruled that Connecticut could not outlaw contraception because it would violate the privacy of married couples.
Griswold v. Connecticut
T or F. The Supreme Court in University of California v. Bakke said that race could be considered as one of the factors, but not THE deciding factor in the admissions process in order to obtain a diverse student body.
True
T or F. The Fourteenth Amendment was used to overturn several laws that overtly discriminated against a specific racial group.
True
Under the ____________ it is illegal for employers to discriminate against people over the age of 40.
The federal Age Discrimination in Employment Act of 1967
Balancing Test
When Courts must consider the need for peace and public order against the fundamental right of an individual to express his point of view, that is called _______.
For the first time, people of all races (excluding Native Americans) who were born in the U.S. were citizens and states could not deprive anyone of that citizenship because of the ________.
Fourteenth Amendment
Jim Crow Laws
These laws required racial segregation in places like schools, hotels, and public transportation in the South between the end of the Reconstruction period to the beginning of the civil rights movement in the 1950s
Gag order
______ is an order by a judge barring the press from publishing certain types of information about a pending court case.
What is the three-part evaluation used by the Supreme Court to decide whether government aid to schools violates the Establishment Clause called?
The Lemon Test
T or F. Freedom of speech protects not only spoken word, but all forms of verbal and nonverbal communication.
True
True
T or F. The government cannot deny a demonstration permit simply because it does not like the message.
- Obscenity
- Defamation
- Fighting Words
Three categories of speech that can be punished based on content are:
Established a woman’s right to get an abortion during the first six months of her pregnancy, but said that individual states could prohibit abortion in the last three months.
Roe v. Wade
Which Supreme Court case ruled that the fundamental right to marry was guaranteed to same-sex couples legalizing same-sex marriage nationwide?
Obergefell v. Hodges (2015)
T or F. A government can prohibit advertising about cigarettes (commercial speech) to children.
True. Because it has a “good reason.”
The ___________ is an interpretation of the Constitution that means the due process clause of the Fourteenth Amendment requires state and local governments to guarantee their citizens the right stated in the Bill of Rights.
Incorporation Doctrine
Strict scrutiny
If a state law created a classification based on race, like prohibiting marriage based on race (Loving v. Virginia), which test would the court use to see if the law offends the equal protection clause?
Sit-in
_______ is an organized demonstration tactic in which participants seat themselves in a significant location and refuse to move; a form of peaceful protest.
Under this test, judges will uphold a law or practice that treats some people differently than others if there is a rational basis for the different treatment.
Describe the “rational basis” test
If the government wants to take an action that affects a fundamental right, what does it have to show?
A “compelling interest”
Sequester. A judge can sequester a jury during a trial to keep them from reading or hearing media about the trial.
______ means to hold in isolation.
True
T or F. Because symbolic speech involves actions, the government can sometimes restrict it in ways that do not apply to pure speech-for example, if it endangers public safety.
Name two actions a trial judge can take to protect a defendant’s Sixth Amendment rights.
Gag Order and Sequester
Minersville School District v. Gobitis (1940).
In this Supreme Court case, the Court upheld a school regulation that forced children to salute the American Flag.
Compelling Interest
In places like prisons, schools, and the military, the government has a _________ in making sure that the purpose of the institution is not compromised.
In this Supreme Court case, the Court said that an enslaved man could not sue in federal court because African Americans were not U.S. citizens when the U.S. Constitution was adopted.
Dred Scott v. Sandford (1857)
Wiretap
______ an act or instance of tapping telephone or telegraph wires for evidence or other information.
_________ is the censorship of information before it is published.
Prior restraint
Rational Basis
Name that test under the equal protection clause: There must be a logical relationship between the treatment or classification of people and the purpose of the law.
In this Supreme Court case, the Court ruled that school officials can regulate student speech in school-sponsored activities, like the school newspaper or theater productions.
Hazelwood v. Kuhlmeier (1988)
_________ describes policies that give preference to women or minorities for jobs, promotions, admissions to schools, or other benefits, in order to make up for past or current discrimination.
Affirmative Action
____________ is the process by which the Supreme Court decided on a case-by-case basis which federal rights also applied to states.
Selective Incorporation
Rational Basis
Name that test under the equal protection clause: The law impacts rights that are not fundamental, such as the right to practice a trade or profession, the right to welfare benefits, the right to education, etc.
The Supreme Court ruled that people have a constitutional right to keep guns in their homes.
District of Columbia v. Heller (2008)
The Establishment Clause
The _____ forbids the government from passing laws requiring attendance at any church or belief in any religion idea.
True
T or F. The First Amendment guarantees “the right of the people to peaceably assemble and petition the Government for a redress of grievances.”
________ is a standard of judicial review that examines whether a legislature had a reasonable and not arbitrary reason for enacting a particular statute.
Rational Basis
The Civil Rights Act of 1964 empowered the federal government to:
Ban discrimination in public accommodations and in government services.
True
T or F. Fighting words are not protected by the First Amendment.
This test is used when the group of people being discriminated against is not part of a group that has been historically mistreated by the government.
When is the “rational basis” test used?
Prayer in Public Schools. The Court ruled that the prayer read every morning in New York public schools violated the Establishment Clause.
Engel v. Vitale (1962)
West Virginia State Board of Education v. Barnette (1943)
After the Gobitis decision, the West Virginia Board of Education directed all students and teachers to salute the flag and recite the Pledge of Allegiance. The Court overturned the Gobitis decision and found this to be an unconstitutional interference of the free exercise of religion. What is the case?
In this Supreme Court case, the Court ruled that schools can punish less or indecent speech, even though the same speech would be protected outside of school
Bethel v. Fraser (1986)
Which Supreme Court case made it clear that the Fourteenth Amendment protects people based on national origin as well as race?
Hernandez v. Texas (1954)
_________ prohibits government actions from unreasonably discriminating between two different groups of people.
Equal Protection Clause
Laws governing free speech must be ______ and ___________.
Clear and Specific
True
T or F. Standards for what is considered obscene can vary from one community to the next.
After the Gobitis decision, the West Virginia Board of Education directed all students and teachers to salute the flag and recite the Pledge of Allegiance. The Court overturned the Gobitis decision and found this to be an unconstitutional interference of the free exercise of religion. What is the case?
West Virginia State Board of Education v. Barnette (1943)
Speech and Expression
The First Amendment’s protection of _______________ and _____________ is central to U.S. Democracy.
The Establishment Clause
The first phrase in the First Amendment is called _______.
In this Supreme Court case, a member of the Socialist Party was convicted of violating the 1917 Espionage Act by printing leaflets that urged draftees to obstruct World War I effort.
Schenck v. United States
New York Times Co. v. United States (1971)
In this Supreme Court Case, a former Pentagon employee leaked the “Pentagon Papers” to the New York Times. The Government tried to stop the New York Times from publishing the papers, but the Court found the Government’s attempts at prior restraint were unreasonable.
The Dawes Act
The _____aimed to give individual Native Americans all the benefits of land ownership and education. It had the effect of braking up reservations and cultural loyalty.
True
T or F. A statement, written or spoken, no matter how damaging or embarrassing is not defamation if it is proven to be TRUE.
Today, only 3 rights have NOT been incorporated by the states. Name them.
- The right to a grand jury (5th Amendment)
- The unanimity requirement in a criminal jury (6th Amendment)
- The right to a civil jury trial (7th Amendment)
__________ means the law themselves have to be fair.
Substantive Due Process
True
T or F. There are no federal laws that prohibit discrimination on the basis of sexual orientation.
A protestor burned the American flag, which was against the law in Texas. The Supreme Court said the law banning flag burning was unconstitutional because it infringed on the right to free speech.
Texas v. Johnson (1989)
When a law discriminates based on race, national origin, or citizenship status. It is also used when a law infringes on a fundamental right.
When is the “strict scrutiny” test used?
In this Supreme Court case, the Court said that segregated public schools did in fact violate the Fourteenth Amendment’s protections.
Brown v. Board of Education
T or F. There are no federal laws that prohibit discrimination on the basis of sexual orientation.
True
The government action must:
1. Have a secular, or nonreligious purpose;
2. in its main effect neither advance nor inhibit, or hold back, religion; and
3. avoid excessive entanglement of government with religion.
What are the three parts of the Lemon Test?
What does The Gun Control Act of 1968 do?
It prohibits certain people-convicted felons, minors, and illegal immigrants-from buying or possessing guns.
T or F. Only speech that is directed toward “inciting immediate lawlessness” and likely to PRODUCE such behavior can be punished.
True. Brandenburg v. Ohio (1969)
It prohibits certain people-convicted felons, minors, and illegal immigrants-from buying or possessing guns.
What does The Gun Control Act of 1968 do?
______ an act or instance of tapping telephone or telegraph wires for evidence or other information.
Wiretap
Militas
________ groups of people who owned guns and were ready to defend the town, even though they were not professional soldiers.
______ means to hold in isolation.
Sequester. A judge can sequester a jury during a trial to keep them from reading or hearing media about the trial.
False. It fell three states short and there is no federal ERA.
T or F. The Equal Rights Amendment passed and it actually amended the Constitution.
When defamation is written or published, it’s called _______ .
Libel
Right to bear arms vs. Gun control
What does the Supreme Court balance in 2nd Amendment cases?
T or F. Government may make reasonable regulations governing the (1) time, (2) place, (3) and manner of speech.
True
Procedural Due Process
_________ means the government must follow fair procedures if it is going to deprive someone of live, liberty, or property.
Pure speech
The most common form of speech is _______.
Right to Petition
_______ includes signing a petition, filing a lawsuit, writing a letter or e-mail, testifying before a tribunal, and collecting signature for a ballot initiative.
Self-governance
The essential core political purpose of the First Amendment is ______.
Sit-ins, flag waving, demonstrations are all examples of ___________.
Symbolic speech
Hernandez v. Texas (1954)
Which Supreme Court case made it clear that the Fourteenth Amendment protects people based on national origin as well as race?
True
T or F. The text of the Fourteenth Amendment has been interpreted to include BOTH procedural and substantive due process.
Engel v. Vitale (1962)
Prayer in Public Schools. The Court ruled that the prayer read every morning in New York public schools violated the Establishment Clause.
Prayer in Public Schools. The Supreme Court ruled that public school districts cannot let students lead stadium crowds in prayer before football games.
Santa Fe v. Doe (2000)
Bethel v. Fraser (1986)
In this Supreme Court case, the Court ruled that schools can punish less or indecent speech, even though the same speech would be protected outside of school
True
T or F. The “right to privacy’ does not appear anywhere in the U.S. Constitution.
A white male student sued a medical school for reverse discrimination because they rejected him twice. The Supreme Court ruled the schools’ admission’s policies were unconstitutional because they had racial quotas.
University of California v. Bakke (1978)
Which Amendment granted women the full right to vote?
19th Amendment
False
T or F. Freedom of speech is unlimited.
Commercial Speech
________ is speech where the speaker is more likely to be engaged in commerce and the intended audience is commercial, actual, or potential customers.
True
T or F. Generally, the government cannot restrict speech based on what is being said.
T or F. Originally, the First Amendment was intended to protect people from having their speech punished by the Federal Government.
True
True
T or F. Schools are allowed to teach about the history of religion and the religions of the world as long as they do not endorse any particular belief.
Fundamental
Freedom of speech, freedom of the press, right to a fair trial, are all types of _____________ rights.
Tinker v. Des Moines (1969)
Students wore black armbands to school to protest the Vietnam War. They were suspended, but the Supreme Court ruled that the school could not punish the students for this symbolic speech. It said students do not “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate” and this particular symbolic speech did not substantially disrupt the school’s educational environment.
In this case, the Supreme Court said a Texas law that refused funding to a local school district for education of undocumented children was unconstitutional because it violated the Fourteenth Amendment.
Plyler v. Doe.
True
T or F. The Constitution makes clear that gatherings must be peaceful.
True
T or F. Since the Bill of Rights limited only the federal government, the right to due process (guaranteed by the Fifth Amendment) was not guaranteed by the States.
Name that test under the equal protection clause: The law treats people differently based on characteristics like their sex or the marital status of their patents.
Substantial Relationship
The ______ prohibits discrimination based on race and sex, including sexual harassment.
Title VII of the 1964 Civil Rights Act
Governments can ban or regulate commercial speech that is ______ or _________ or __________.
False or Misleading or provides information about illegal products.
Prior restraint
_________ is the censorship of information before it is published.
Name that test under the equal protection clause: When people are being treated differently based on characteristics like age, disability, wealth, or political affiliation.
Rational Basis
True
T or F. Content restrictions may be placed on free speech.
What else does The Gun Control Act of 1968 do?
It regulates how and where guns can be sold and sets penalties for carrying and using firearms in crimes of violence or drug trafficking.
Views motivated by bigotry or racism are called _____.
Hate Speech
Which two laws lay down guidelines for government surveillance in national security cases?
- The 1978 Foreign Intelligence Surveillance Act (FISA)
- 2001 USA Patriot Act
FISA
______ requires federal agents to get a warrant from a special FISA court before tapping domestic phone and computer lines.
Immediate Danger
Seditious Speech. If a conflict occurs between free expression and public safety, judges often look at whether the speech presents an _________.
The federal Age Discrimination in Employment Act of 1967
Under the ____________ it is illegal for employers to discriminate against people over the age of 40.
What was significant about Brown v. Board of Education (1954)
This was the first case to challenge segregated elementary, middle, and high schools. The Court unanimously ruled that serrated schools could never be equal and were, therefore, unconstitutional.
T or F. The First Amendment prohibits the government from either endorsing or punishing religious beliefs or practice.
True
Describe the “substantial relationship” test.
A middle ground between the rational basis and strict scrutiny, by this standard there must be a CLOSE CONNECTION, not just a rational relationship between the law or practice and its purpose.
T or F. The Establishment Clause also prohibits some religious displays by the government.
True
Danger to the public vs. the benefit or an individual of being able to choose what to say and where to say it.
When Courts use the balancing test, they weight ___________ vs. ____________.
T or F. There are federal laws that protect against age discrimination and discrimination against those with disabilities.
True
Wallace v. Jaffree (1985)
Prayer in Public Schools. The Court struck down an Alabama law requiring teachers to observe a moment of silence for “mediation or voluntary prayer” at the start of each school day.
_______ means people can participate in protests, parades, and other large events to show their unity and their support or opposition to a government policy
Right to Assembly
________ means to demonstrate, as a against a government’s policies or actions.
Picket
T or F. The “right to privacy’ does not appear anywhere in the U.S. Constitution.
True
A time, place, and manner restriction on speech.
A Town requiring a citizen to obtain a permit to hold a march is an example of ________.
The most common form of speech is _______.
Pure speech
What were the two landmark civil right and voting rights laws passed by Congress in the 1960s?
- Civil Rights Act of 1964
- Voting Rights Act of 1965
Incorporation Doctrine
The ___________ is an interpretation of the Constitution that means the due process clause of the Fourteenth Amendment requires state and local governments to guarantee their citizens the right stated in the Bill of Rights.
T or F. Because symbolic speech involves actions, the government can sometimes restrict it in ways that do not apply to pure speech-for example, if it endangers public safety.
True
The Civil Rights Act of 1964 empowered the federal government to:
Establish the Equal Employment Opportunity. Commission (EEOC) to enforce the law and investigate complaints.
T or F. The Constitution makes clear that gatherings must be peaceful.
True
- The 1978 Foreign Intelligence Surveillance Act (FISA)
- 2001 USA Patriot Act
Which two laws lay down guidelines for government surveillance in national security cases?
Name that test under the equal protection clause: The law impacts rights that are not fundamental, such as the right to practice a trade or profession, the right to welfare benefits, the right to education, etc.
Rational Basis
A “compelling interest”
If the government wants to take an action that affects a fundamental right, what does it have to show?
Schenck v. United States
In this Supreme Court case, a member of the Socialist Party was convicted of violating the 1917 Espionage Act by printing leaflets that urged draftees to obstruct World War I effort.
Government and Government
The Bill of Rights protects people from actions by the _______ and from those acting with the authority of the _____.
University of California v. Bakke (1978)
A white male student sued a medical school for reverse discrimination because they rejected him twice. The Supreme Court ruled the schools’ admission’s policies were unconstitutional because they had racial quotas.
- Granted citizenship to all persons born in the United States.
- Guaranteed due process of law from all state governments.
- Guaranteed equal protection of the laws from all state governments.
What three things did the Fourteenth Amendment do?
True
T or F. The Supreme Court in University of California v. Bakke said that race could be considered as one of the factors, but not THE deciding factor in the admissions process in order to obtain a diverse student body.
What three things did the Fourteenth Amendment do?
- Granted citizenship to all persons born in the United States.
- Guaranteed due process of law from all state governments.
- Guaranteed equal protection of the laws from all state governments.
To determine whether a law or government practice meets the equal protection standard, courtesy use one of three different tests:
- Rational Basis
- Strict Scrutiny
- Substantial Relationship
These laws required racial segregation in places like schools, hotels, and public transportation in the South between the end of the Reconstruction period to the beginning of the civil rights movement in the 1950s
Jim Crow Laws
T or F. As a rule, religious believe is protected, yet actions based on those beliefs may be restricted if they violate an important secular government interest.
True
racial quotas
_______ describes a certain number of spots reserved for minorities.
Disability
_________ is a physical or mental condition that causes a person to have difficulty seeing, hearing, talking walking or performing basic activities of daily living.
A middle ground between the rational basis and strict scrutiny, by this standard there must be a CLOSE CONNECTION, not just a rational relationship between the law or practice and its purpose.
Describe the “substantial relationship” test.
Brown v. Board of Education
In this Supreme Court case, the Court said that segregated public schools did in fact violate the Fourteenth Amendment’s protections.
The ________ granted citizenship to all Native Americans born in the United States.
The Indian Citizenship Act
The use of actions and symbols in addition to or instead of words to express ideas.
Define “symbolic speech”
Three categories of speech that can be punished based on content are:
- Obscenity
- Defamation
- Fighting Words
The Indian Citizenship Act
The ________ granted citizenship to all Native Americans born in the United States.
When Courts use the balancing test, they weight ___________ vs. ____________.
Danger to the public vs. the benefit or an individual of being able to choose what to say and where to say it.
Thurgood Marshall
What future Supreme Court Justice was the lawyer for the NAACP that argued the Brown v. Board of Education case before the Supreme Court?
Santa Fe v. Doe (2000)
Prayer in Public Schools. The Supreme Court ruled that public school districts cannot let students lead stadium crowds in prayer before football games.
________ groups of people who owned guns and were ready to defend the town, even though they were not professional soldiers.
Militas
Blaine Amendments
_________ are state provisions that ban government aid to any school with a religious affiliation.
T or F. Generally, the government cannot restrict speech based on what is being said.
True
The ________ has been introduced in every congressional session since 1923, and it would amend the Constitution to specifically prohibit federal, state, and local governments from passing discriminatory laws or unequally enforcing laws based on gender.
Equal Rights Amendment (ERA)
In this Supreme Court decision, the Court ruled that states were allowed to segregate by race so long as the state provided similar facilities to all.
Plessy v. Ferguson (1896)
True
T or F. Originally, the First Amendment was intended to protect people from having their speech punished by the Federal Government.
Establish the Equal Employment Opportunity. Commission (EEOC) to enforce the law and investigate complaints.
The Civil Rights Act of 1964 empowered the federal government to:
T or F. The Supreme Court has clearly ruled that the 2nd Amendment protects an individual’s right to keep a gun.
True
_________ prohibited gender discrimination in most school activities, including curriculum, faculty hiring, and student athletic programs.
Title IX of the Education Act of 1972
_______ is the principle requiring that a government action not unreasonably interfere with a fundamental or basic right.
Substantive Due Process
Commercial Speech
___________ is speech where the speaker is more likely to be engaged in commerce and the intended audience is commercial, actual, or potential consumers.
The Establishment Clause
The ________ forbids state and federal governments from setting up churches, from passing laws aiding one or all religions, or from favoring one religion over another.
True
T or F. As a rule, religious believe is protected, yet actions based on those beliefs may be restricted if they violate an important secular government interest.
True
T or F. The Establishment Clause also prohibits some religious displays by the government.
If a state law created a classification based on race, like prohibiting marriage based on race (Loving v. Virginia), which test would the court use to see if the law offends the equal protection clause?
Strict scrutiny
True
T or F. Courts can regulate advertising to some extent.
Discrimination
_________ describes the treatment or consideration of, or making a distinction in favor of or against, a person or thing based on the group, class, or category to which that person or thing belongs rather than on individual merit.
___________ means that laws must apply to all people who are in similar situations unless the state has a very good reason.
Equal Protection
T or F. The text of the Fourteenth Amendment has been interpreted to include BOTH procedural and substantive due process.
True
Freedom of speech, freedom of the press, right to a fair trial, are all types of _____________ rights.
Fundamental
Seditious Speech
________ is speech urging the resistance to lawful authority or advocating the overthrow of the government.
District of Columbia v. Heller (2008)
The Supreme Court ruled that people have a constitutional right to keep guns in their homes.
True. Brandenburg v. Ohio (1969)
T or F. Only speech that is directed toward “inciting immediate lawlessness” and likely to PRODUCE such behavior can be punished.
_______ describes a certain number of spots reserved for minorities.
racial quotas
True
T or F. Civil rights laws protect against employment discrimination based on national origin?
