Individual Rights and Liberties- First Amendment

Question 1

Amendment

Answer 1

A change made to the Constitution.

Question 2

Ratify

Answer 2

Sign or give formal consent to (a treaty, contract, or agreement), making it officially valid.

Question 3

Bill of Rights

Answer 3

The first ten Amendments to the U.S. Constitution.

Question 4

Balancing Test

Answer 4

It is up to the courts to determine whose rights are restricted.

Question 5

Strict Scrutiny

Answer 5

To limit a right, a law must have compelling governmental interest and go no farther than necessary in limiting those rights.

Question 6

Content-Neutrality

Answer 6

Regulation on ANY and ALL speech (religion, assembly, etc.), regardless of what it says.

Question 7

Vagueness

Answer 7

The law restricting speech must be clear enough for a reasonable person to understand.

Question 8

Overbreadth

Answer 8

The law cannot be so broad that they also ban lawful speech.

Question 9

Obscenity

Answer 9

Speech promoting, or regarding sex, or nudity in a lewd or offensive manner as defined by the Miller Test.

Question 10

Miller Test

Answer 10

The balancing test from Miller v. California (1973).

Question 11

Prurient

Answer 11

And unwholesome, unusual, or immoderate interest in sex.

Question 12

Defamation

Answer 12

False expression about a person that damages that persons reputation.

Question 13

Slander

Answer 13

Spoken defamation.

Question 14

Libel

Answer 14

Written defamation.

Question 15

Actual Malice Test

Answer 15

A person or publication makes a statement about a public figure “with knowledge that it was false, or with reckless disregard of whether it was false, or not.” To recover damages, a public figure must show clear and convincing evidence that it occurred.

Question 16

Exception to Actual Malice in Defamation

Answer 16

If the statement was obvious to a reasonable person that it could not be stating actual facts, it is not actual malice.

Question 17

Fighting Words

Answer 17

Words that are spoken, face-to-face, that are likely to cause an imminent breach of peace between the speaker and the listener.

Question 18

Incitement

Answer 18

When the speaker urges the audience to take illegal action and the audience is likely to respond, the speech is not protected.

Question 19

True Threat

Answer 19

When a speaker states a serious expression of an intent to commit an act of unlawful violence to a particular individual the speech is not protected.

Question 20

Hate Crime

Answer 20

A crime, typically one involving violence, that is motivated by prejudice on the basis of race, religion, sexual orientation, or other grounds.

Question 21

Public Forum

Answer 21

A place that has a long-standing use for the free exercise of the right of speech, public debate, and assembly.

Question 22

Non-Public Forum

Answer 22

Forums for public speech that are neither traditional nor designated public forums.

Question 23

Establishment Clause

Answer 23

The first religious clause of the First Amendment, that says Congress shall make no law respecting an establishment of religion.

Question 24

Free Exercise clause

Answer 24

The second religious clause of the First Amendment this says Congress shall make no law prohibiting the exercise thereof.

Question 25

Secular

Answer 25

Denoting, attitudes, activities, or other things they have no religious or spiritual basis.

Question 26

Lemon Test

Answer 26

A three-part test that is commonly used to determine whether a government’s treatment of a religious institution constitutes “establishment of a religion.”

Question 27

Vulgar

Answer 27

Making explicit in offensive reference to sex or bodily functions.

Question 28

Reasonableness

Answer 28

Sound judgment or fairness.

Question 29

Miller v. California

Answer 29

Obscenity

Question 30

New York Times Co v. Sullivan

Answer 30

Actual Malice

Question 31

Hustler Magazine v. Falwell

Answer 31

Actual Malice Exception

Question 32

Brandenburg v. Ohio

Answer 32

Incitement

Question 33

Watts v. U.S.

Answer 33

True Threat

Question 34

Virginia v. Black

Answer 34

True Threat, Indimidation

Question 35

Wisconsin v. Mitchell

Answer 35

Hate crime penalties

Question 36

Sherbert v. Verner

Answer 36

Free exercise of religion

Question 37

Mahanoy Schools v. B.L.

Answer 37

Outside school internet profanity cannot be punished by school

Question 38

Engel v. Vitale

Answer 38

Public school force prayer banned

Question 39

Kennedy v. Bremerton Schools

Answer 39

School staff can outwardly display their belief in school during breaks

Question 40

Board of Education v. Pico

Answer 40

Library books protected from bans

Question 41

Tinker v. Des Moines

Answer 41

Symbolic speech okay in school if not disruptive

Question 42

Bethel Schools v. Fraser

Answer 42

Vulgar language against values of public school

Question 43

Hazelwood Schools v. Kuhlmeier

Answer 43

Principal can edit school news

Question 44

Morse v. Frederick

Answer 44

Schools can restrict speech at school-supervised events

Question 45

New Jersey v. TLO

Answer 45

Schools can search you if there is reasonable ground

Question 46

Trial Courts

Answer 46

Decides the facts of a dispute through the evidence provided. Two kinds- civil and criminal.

Question 47

Appeals Court

Answer 47

One side of the case (one of the parties) asks the court to change the decision of a trial court.

Question 48

Criminal trial

Answer 48

The Prosecution has the burden of proving that the defendant is guilty beyond a reasonable doubt. As a defendant, you will be found guilty or not guilty, never innocent!

Question 49

Civil trial

Answer 49

The Plaintiff has the burden to prove his/her case by the greater way of a credible evidence (a preponderance of the evidence). As a defendant, you will usually be found liable or not.

Question 50

Process of adding an amendment to the U.S. Constitution

Answer 50

1. 2/3 vote of both houses of Congress and ratified by 3/4 of those state legislatures. 2. 2/3 of the state legislatures request a state convention and ratify with 3/4 of the state legislatures.

Question 51

Miller Test

Answer 51

1. With the average person, applying contemporary community standards, find that they work, taken as a whole, appeals to the prurient interest. 2. Does the word depict or describe, in a patently offensive way, sexual conduct specifically defined by the applicable state law? 3. Does the work, taken as a whole, lack serious literary, artistic, political, or scientific value?

Question 52

Sherbert Test

Answer 52

1. Religious beliefs are protected. 2. Practices are protected as long as they do not violate an important government interest.

Question 53

For the individual, the court must determine:

Answer 53

1. Whether the person’s claim involves sincere religious belief. 2. If the government action is a substantial burden on that belief.

Question 54

For the government, the court must determine:

Answer 54

1. Whether there is a compelling reason to limit free, religious expression. 2. Is the limitation carried out in the least restrictive manner, least burdensome, on religion?

Question 55

Locations in America suitable for traditional public forums:

Answer 55

Streets, parks, and sidewalks.

Question 56

Locations in America suitable for non-public forums:

Answer 56

Jails, public schools, and military bases.