Chapters 8/9: 1st & 2nd Amendments

Question 1

Bill of Rights

Answer 1

The 1st 10 amendments of the Constitution that ensure that citizens’ civil liberties are protected from the govt

Question 2

Civil liberties

Answer 2

Personal freedoms protected from government interference or deprivations of constitutional guarantees

Question 3

Civil rights

Answer 3

Protections from discrimination based on race, gender, ethnicity, etc.

Question 4

Public interest

Answer 4

The welfare or well-being of the general public

Question 5

Engel v. Vitale (1962): Facts/background

Answer 5

• New York passed legislation requiring teachers to lead their classes in a short, nondenominal prayer to “Almighty God” at the beginning of the school day
• Students were not forced to participate in the prayer
• Steven Engel and other families sued the school board president William Vitale, arguing that the prayer violated their religious beliefs and the establishment clause
• The New York Court of Appeals upheld the legislation

Question 6

Engel v. Vitale (1962): Constitutional issue

Answer 6

The establishment clause

Question 7

Engel v. Vitale (1962): Holding

Answer 7

• In a 6-1 decision, the Court held that the state could not promote prayer in public schools, as this promoted religion and therefore violated the establishment clause
• It was not the government’s job to compose official prayer and encourage the students to recite it

Question 8

Establishment clause

Answer 8

The federal govt. cannot establish a national religion

Question 9

Wisconsin v. Yoder (1972): Facts/background

Answer 9

• In 1971, 3 Amish families in Wisconsin refused to enroll their children in school after they completed 8th grade, as they believed enrolling their children would hinder their children’s salvation and hurt their ability to integrate into Amish life, as well as teach them subjects that were in contrast to the Amish religion
• The families were convicted under the Wisconsin Compulsory School Attendance Law, which required that children attend school until they turned 16

Question 10

Wisconsin v. Yoder (1972): Constitutional clause

Answer 10

Free exercise clause

Question 11

Wisconsin v. Yoder (1972): Holding

Answer 11

• In an unanimous decision, the Court held that Wisconsin could not compel Amish parents to send their children to school past 8th grade, as it violated their right to exercise their religion how they pleased
• Because the teachings in a public high school were in contrast to Amish beliefs, the parents could not be compelled to send their children to high school. Free exercise of religion took precedent over state interest

Question 12

Free exercise clause

Answer 12

Govt. cannot stop the religious practices of its citizens

Question 13

Wall of separation

Answer 13

• Coined by Thomas Jefferson
• Church and govt. should remain separate of one another

Question 14

Clear and present danger

Answer 14

Speech that poses a risk to safety or other public interests that is serious and imminent

Question 15

Obscene speech

Answer 15

Speech that contains arousing/unwholesome traits with no artistic, literary, or political value

Question 16

Symbolic speech

Answer 16

Speech that purposefully conveys a particular message, such as flag burning

Question 17

Miller v. California (1973)

Answer 17

• Speech that is obscene and thus lacking 1st Amendment protection must be without serious artistic, literary, political, or scientific value
• The material was not constitutionally protected; however, a local judge or jury should define obscenity based on community standards.

Question 18

Schenck v. United States (1919): Facts/background

Answer 18

• During the First World War, Charles Schenck, Secretary of the Socialist Party, printed thousands of anti-draft pamphlets with the intent to distribute them to men about to be drafted
• Schenck was convicted under the Espionage Act of 1917, and later appealed his conviction, stating his conviction violated the 1st Amendment’s Free Speech clause

Question 19

Schenck v. United States (1919): Constitutional clause

Answer 19

Free speech clause

Question 20

Schenck v. United States (1919): Holding

Answer 20

• In an unanimous holding, the Court held that Schenck’s conviction was constitutional as his speech presented a “clear and present danger”
• Since his pamphlets encouraged men not to join the military and/or to ignore their drafting, he put the U.S. Military in danger, and, in extension, the United States. Therefore, his speech was not protected

Question 21

Tinker v. Des Moines (1969): Facts/background

Answer 21

• In 1965, students Mary Beth Tinker, her brother John Tinker, their friend Christopher Eckhardt, and others wore black armbands to their school to protest the Vietnam War
• The students were suspended, as the school claimed the armbands could lead to disruption in the classroom

Question 22

Tinker v. Des Moines (1969): Constitutional clause

Answer 22

Free speech clause

Question 23

Tinker v. Des Moines (1969): Holding

Answer 23

• In a 7-2 holding, the Court held that because the armbands did not cause a disruption in the school environment, they therefore represented constitutionally protected symbolic speech

Question 24

Why is flag burning protected, but not burning a draft card?

Answer 24

• Flag burning represents symbolic speech, as the flag is a symbol of the USA but not a legal document or symbol
• Draft card burning involves burning an official govt. document, which can put the military at risk and therefore put the country at risk

Question 25

Libel

Answer 25

Statements in print about someone that can defame their reputation

Question 26

Slander

Answer 26

The act or crime of making a false spoken statement damaging to a person’s reputation

Question 27

Malicious intent

Answer 27

The person acted willfully or intentionally to cause harm, without legal justification

Question 28

Prior restraint

Answer 28

The right to stop spoken or printed expression in advance

Question 29

Near v. Minnesota (1931)

Answer 29

• Court applied the protections of the free press to the states (selective incorporation clause)
• Under the Due Process Clause of the 14th Amendment, prior restraint was prohibited

Question 30

New York Times Co. v. United States (1971): Facts/background

Answer 30

• Daniel Ellsberg, a contractor, leaked a top-secret report detailing the United States’ involvement in Vietnam to the New York Times and the Washington Post
• President Nixon issued a cease and desist order to stop the publication, claiming it could weaken national security

Question 31

New York Times Co. v. United States (1971): Constitutional clause

Answer 31

Freedom of the press

Question 32

New York Times Co. v. United States (1971): Holding

Answer 32

• The Court held in a 6-3 decision that the executive branch could not block a reporter from printing government-classified information in the name of national security, as this violates the freedom of the press

Question 33

Brady Handgun Violence Prevention Act (1993)

Answer 33

• Established a 5-day waiting period after a gun purchase for a background check
• The wait also serves as a cooling off period for anyone buying a gun from immediate impulse, anger, or revenge

Question 34

Gun Control Act (1968)

Answer 34

• Ended mail-order sales of all firearms and ammunition
• Banned the sale of guns to high-risk individuals, such as convicted felons, the mentally ill, or fugitives

Question 35

National Firearms Act (1934)

Answer 35

• Required registration of certain weapons
• Tax on sale/manufacture of weapons
• Restriction on sale/ownership of high-risk weapons

Question 36

District of Columbia v. Heller (2008)

Answer 36

• The 2nd Amendment recognizes a citizen’s right to own a gun unrelated to militia service

Question 37

2nd Amendment

Answer 37

• Right to keep/bear arms
• Many believe it was originally written to refer to state militias

Question 38

4th Amendment

Answer 38

• Prevents unlawful searches and seizures
• Law enforcement must obtain a warrant to search someone

Question 39

8th Amendment

Answer 39

• Prevents cruel and unusual punishments and excessive bail

Question 40

Furman v. Georgia (1971)

Answer 40

• The death penalty is unconstitutional under the Eighth Amendment when it is imposed in an arbitrary and capricious manner that leads to discriminatory results

Question 41

Gregg v. Georgia (1976)

Answer 41

• A punishment of death did not violate the Eighth and Fourteenth Amendments under all circumstances

Question 42

Writs of assistance

Answer 42

Broad search warrants that enabled British soldiers to search any vessel, warehouse, house, or wagon

Question 43

USA Patriot Act

Answer 43

• Created after 9/11
• Allowed the govt. to monitor citizens’ emails, phones, etc. to distinguish any threat to the USA
• The executive branch received data from 3rd party telecommunication companies, allowing them to bypass obtaining warrants as long as the 3rd party complied

Question 44

Metadata

Answer 44

• A cell phone’s communication information, minus the actual conversations

Question 45

PRISM

Answer 45

• Program established by NSA that compelled Internet providers to give the government info regarding user’s Internet activity, communications, and Metadata