chapter 15 test

Question 1

what does the First Amendment protect

Answer 1

people’s freedom of speech, religion, press, assembly, and petition

Question 2

how does the first amendment reflect on its government

Answer 2

its protection of speech lies at the heart of an open democratic society

Question 3

what is pure speech

Answer 3

talking with friends or addressing a crowd

Question 4

what is symbolic speech

Answer 4

behaviors such as flag waving or wearing a protest button

Question 5

describe the balance test

Answer 5

courts weigh in the danger to the public against the benefit of an individual of being able to choose what to say and where to say it

Question 6

what are categories of speech that can be punished on content

Answer 6

obscenity, defamation, and “fighting words”

Question 7

define slander and libel

Answer 7

slander- spoken defamation

libel- published defamation

Question 8

what type of commercial speech is banned

Answer 8

those that are false, misleading, or provide information about illegal products

Question 9

what specific kind of speech could be legally punishable

Answer 9

in 1969, the SC ruled that only speech directed toward “inciting immediate lawlessness” and likely to produce such behavior

Question 10

what regulations can the government make on speech

Answer 10

regulations that control when, where, and how expression is allowed must be viewpoint neutral and even-handedly enforced

Question 11

which places could possibly have different rules of speech then the public

Answer 11

prisons, schools, and the military

Question 12

what are examples of press

Answer 12

newspaper, magazines, radio, books, television, and film

Question 13

what does freedom of press mean

Answer 13

government censorship is prohibited by the First Amendment

Question 14

what resulted from a press free of censorship

Answer 14

it’s able to subject all our political and legal institutions to public scrutiny and criticism

Question 15

when is prior restraint not deemed unconstitutional

Answer 15

when it would prevent certain, serious, and unpreventable harm that would be caused by publication

Question 16

what was the case of New York Times co. v. United States

Answer 16

when the SC ruled against prior restraint in the Pentagon Papers case

Question 17

describe a gag order

Answer 17

issued by the judge in a trial when the right of the accused to a fair trial is in conflict with freedom of press

Question 18

what has created new issues regarding freedom of the press

Answer 18

the growth of technology and mass communication

Question 19

what does the freedom of petition and assembly offer

Answer 19

people opportunities to join together to make their voices stronger when they want to send the government a message

Question 20

what does the freedom of petition ensure

Answer 20

that people have the right to ask the government to act or to not take an action

Question 21

what were the roots of right to petition

Answer 21

in the Magna Carts and English Bill of Rights

Question 22

what does the right to free assembly ensure

Answer 22

that people can participate in large events such as protests, or parades, and they are free to meet with others in homes or private places

Question 23

how can the freedom of assembly be balanced with the governments interest

Answer 23

the government can regulate the time, place, and manner of assemblies, as long as it does so in the same way for all groups, regardless of their message

Question 24

what are the 2 ways that the first amendment restricts the government on religion

Answer 24

1. prohibits government from either endorsing or punishing religious belief or practice
2. Congress is not allowed to make any law that establishes an official religion for the country

Question 25

describe the establishment clause

Answer 25

forbids state and federal governments from setting up churches, passing laws aiding one or all religions, or from favoring one religion over another

also forbids the government from passing laws requiring attendance to any church or belief in any religious idea

Question 26

describe the Lemon Test

Answer 26

-used to decide whether government aid to schools violates the establishment clause
requires a law or government action to have:

1. a secular purpose
2. in its main effect, neither advance nor inhibit religion
3. avoid excessive entanglement of government with religion

Question 27

when are religious displays by the government usually constitutional

Answer 27

when the government displays symbols of variety of religions together ot with a secular purpose

Question 28

describe the Free exercise clause in the first amendment

Answer 28

protects the rights of individuals to worship as they choose, with religious belief being protected

However, actions based on those beliefs may be restricted if they violate an important secular government interest

Question 29

describe the Dredd Scott v. Sanford case

Answer 29

when the SC said that African Americans, whether enslaved or free, were not citizens as they weren’t when the constitution was established

Question 30

what is the purpose of the 14th amendment

Answer 30

to clearly establish what constitutes US citizens

Question 31

describe the history of native american citizenship

Answer 31

1919- citizenship was made possible for those who fought during WW1

1924- Indian Citizenship Act granted citizenship to those born in the US

Question 32

describe Jim Crow Laws

Answer 32

required racial segregation in certain places and was enacted by many states in response to the protections provided under the 14th amendment

Question 33

describe procedural due process

Answer 33

the government must follow fair procedures, if it is going to deprive someone of life, liberty, or property

Question 34

describe substantive due process

Answer 34

laws themselves have to be fair and must not unreasonably interfere with a fundamental right

Question 35

describe equal protection

Answer 35

laws must apply equally to all people who are in similar situations, and that the government cannot draw unreasonable distinctions among different groups

Question 36

describe the test of rational basis

Answer 36

evaluates whether there is a logical basis between the treatment or classification of some people and the purpose of law in question

Question 37

describe the strict scrutiny test

Answer 37

judges look for a compelling, or important, interest in a law or practice

Question 38

describe the substantial relationship test

Answer 38

used in gender discrimination cases, looking for a close connection between a law or practice and its purpose

Question 39

describe the incorporation doctrine

Answer 39

the due process clause of the Fourteenth Amendment applies to state and local governments as well as the national government

Question 40

describe the Brown v. Board of Education

Answer 40

the SC ruled that segregated schools could never be in equal and were, therefore, unconstitutional

Question 41

what happened during the civil rights movement

Answer 41

MLK, rosa parks, and other leaders organized marches, sit-ins, boycotts, and Freedom schools

Question 42

describe the Civil Rights Act of 1964 and the Voting Rights Act of 1965

Answer 42

prohibited discrimination in employment, public accommodation, government services, and voting with discrimination

Question 43

describe the case of Hernandez v. Texas

Answer 43

the SC said that undocumented immigrants are also protected by the Fourteenth Amendment

Question 44

describe the Nineteenth Amendment

Answer 44

women have full voting rights (1920)

Question 45

describe the Age Discrimination Employment Act of 1967

Answer 45

employers cannot refuse to hire or promote someone simply because they are older

Question 46

describe the Americans with Disabilities and the Individuals with Disabilities Education Act

Answer 46

require consideration of a persons special needs in a variety of areas

Question 47

describe the Regents of the Unviersity of California v. Bakke and the event of 1995

Answer 47

the SC rules that racial quotes were illegal

SC found that federal agencies could not automatically favor minority companies for federal contracts

Question 48

describe the Second Amendment

Answer 48

SC ruled that it protects the right of an individual to own a gun, with limits

Question 49

describe the Gun Control Act of 1968

Answer 49

-prohibits certain people, such as convicted felons, minors, and illegal immigrants, from buying or possessing guns

-also regulates how and where guns can be sold and sets penalties for carrying and using firearms in crimes of violence or drug trafficking

Question 50

describe the case of District Colombia v. Heller

Answer 50

the SC ruled that, while people have a constitutional right to keep guns in their homes, the government can choose to regulate the possession of guns, or ban certain groups from possessing guns

Question 51

describe the right to privacy

Answer 51

was never directly stated in the constitution, but SC has issued several rulings that relate to it.

cites from amendments 1, 3, 4, 5, and 9

Question 52

when may the government limit privacy rights

Answer 52

for government interests such as criminal investigations or national security

Question 53

describe the Roe v. Wade case

Answer 53

established a woman’s right to get an abortion during the first 6 months of her pregnancy

Question 54

what has legislation changed since 9/11

Answer 54

gave US government more power to conduct surveillance by broadening the definition of who can be seen as a terrorist