POSI Test Flashcards
What is the purpose of the Bill of rights
Protects our civil Liberties from the government
What individual rights does the first amendment protect?
Speech,Religion,Press,Assembly,
Dennis Mahon
Racist TV show in Kansas supporting the KKK.
Justice Brandeis’ solution for the KKK
Theory Of Counterspeech. The solution was to encourage other to make a show exposing the flaws of the KKK.
What was Rev. Emanuel Cleaver’s idea to deal with the KKK?
Wanted to eliminate the public access channel altogether, needed to make sure it didn’t take action over only one belief.
What was The Progressive and how did it start a First Amendment case?
The Progressive is a small monthly Magazine in Wisconsin.
The case was against the Magazine, who published classified information on the world.
What First Amendment issue did the case in Lyng v. Northwest Indian Cemetery Protective Association focused around?
Freedom Of Religion
Know the examples from the Alderman/Kennedy book of how Freedom of Religion has been used to protect people include in the two hundred years since the amendment has been ratified.
Protected Native Americans land from roads being built do to protection of “sincerely held religious beliefs.”
Seventh day Adventist (Sherbert vs Verner)- Supreme court held that unemployment benefits could not be denied to a seventh day Adventist fired for refusing to work Saturday, her Sabbath.
Group that refused to build weapons- Jahovas Witness
Who is Stephen Pevar and his ideas on free speech?
Believed that free speech needed to work both ways. For offensive, and non offensive content. “liberty comes at a price”
In the case of Hobson v. Wilson, the FBI attempted to stop a group from traveling to Washington D.C. for what?
To protest the Vietnam War
Why did the FBI argued that their actions concerning the group members in Hobson v. Wilson were justified?
To provide those answers, the FBI needed accurate information. COINTELPRO was supposed to provide it. But the FBI was having trouble defining its target, especially within the New Left movement.
What was the political ideology that Ben Gitlow believed in?
Founder of American Communist Party. Inspired the Russian Revolution.
The essence of the charge in Gitlow v. New York was that Gitlow and other publishers of “The Left Wing Manifesto” had done what to cause crime? What evidence was used against them?
They spread ideas that may cause crime at a later date
- Had no evidence against them
- Gitlow was the only one who was charged, why?
How did Gitlow behave during the trial, as well as at the end of the trial?
Gitlow said they did publish the left wing manifesto, but they didn’t cause any action or crime. This laws says it is only a crime if it caused an action, which they didn’t.
What were the options considered by Gitlow and his supporters to keep him out of a long prison sentence, and which did Gitlow choose?
- That Gitlow was not responsible for publishing the left wing manifesto
- Argue no crime was committed, that the words in the left wing manifesto were just history and prophecy, not advocacy.
- A law criminalizing advocacy alone, unconnected with incitement to illegal activity, was unconstitutional.
He chose the third option because he wanted to argue New Yorks law ran counter to the nations free speech tradition.
