Part 2

Question 0

Americans are very tolerant and supportive of democratic principles and civil liberties ___ ____. In practice, however, we only support these principles for the _____ ____ and ____ that we support.

Answer 0

In theory

Individual groups and ideas

Question 1

This power is not _____ in the constitution. The supreme court asserted this power for itself in the most important Supreme Court in American history _________(1803)

Answer 1

Enumerated Marburry v. Madison

Question 2

The ____ __ ____ were added to gain support for the constitution

Answer 2

Bill of rights

Question 3

Marshall ruled that the provision in the 5th amendment declaring that private property cannot be taken for public use without ____ ____ is intended only to the u.s. Govt. and is not applicable to the _____ of the states.

Answer 3

Just compensation

Legislation

Barron v Baltimore

Question 4

This is a principle in which the Supreme Court has held that most guarantees in the bill of rights are now applicable to state and local governments through the due process clause of the 14th amendment.

Answer 4

Incorporation doctrine

Question 5

Most of the bill of rights were incorporated or applied to the state from _____.

Answer 5

1925-1970

Question 6

First amendment freedoms

Answer 6

Speech, press, religion, assembly

Question 7

This is speech that encouraged rebellion against the government.

Answer 7

Seditious speech

Question 8

This act resulted in the conviction of Jeffersonian editors who were critical of president Adams

Answer 8

Sedition act of 1798

Question 9

In what case does the Supreme Court adopts the ____ ___ ____ test.

Answer 9

Clear and present danger

Schenk v. U.s.

Question 10

The Supreme Court incorporated ___ ___ ____ in this case N.Y. Must respect speech rights to the same degree as the u.s. Govt.

Answer 10

Freedom of speech

Gitlow v. New York

Question 11

This court case allowed freedom of expression

Answer 11

Tinker v. Des monies

Question 12

The Supreme Court by a 5-4 margin ruled that flag burning is constitutionally protected symbolic speech.

Answer 12

Texas v. Johnson 1989

Question 13

For the first time, the u.s. Supreme Court ruled that obscenity is not constitutionally protected speech or press. To be obscene, however must be utterly without redeeming social value or importance.

Answer 13

Roth v. United States 1957

Question 14

Community standards can define obscenity.

Materials can be censored unless they have serious value attached.

Answer 14

Miller v. California

Question 15

In what case did the Supreme Court rule that child pornography is ____ and not _____ by the first amendment

Answer 15

Obscene and not protected

Ferber v. New York

Question 16

The Supreme Court ruled that virtual child pornography is protected by the first amendment

Answer 16

Ashcroft v. Free speech coalition 2002

Question 17

The Supreme Court on several occasions has protected internet porn from _____ _____.

Answer 17

Governmental regulation

Question 18

This is the landmark libel act.
The slc an ad in the n.y.t.
(The Supreme Court established a very tough standard for libel in this case.)

Answer 18

NY times v. Sullivan 1964