Rights and Liberties (1st Amendment) Flashcards

1
Q

Free Speech

A

The right to express opinions without government interference, a fundamental aspect of the First Amendment.

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2
Q

Symbolic Speech

A

Non-verbal expression, such as gestures or actions, that conveys a political or social message and is protected as a form of free speech.

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3
Q

“Low Value” Speech

A

Speech with limited constitutional protection, including obscenity, defamation, and fighting words.

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4
Q

Libel

A

False and damaging written statements that HARM the reputation of an individual or entity.

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5
Q

Defamation

A

FALSE spoken or written statements that harm the reputation of an individual or entity.

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6
Q

True Threats

A

Communications that constitute a serious expression of intent to commit unlawful violence.

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7
Q

“Fighting Words”

A

Offensive and inflammatory language likely to provoke an immediate violent reaction, NOT protected under the First Amendment.

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8
Q

Obscenity

A

Offensive or sexually explicit material that lacks literary, artistic, political, or scientific value and is NOT protected by the First Amendment.

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9
Q

Hate Speech

A

Expression that offends, threatens, or insults a particular group based on attributes such as race, religion, or sexual orientation.

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10
Q

Sedition

A

Advocating the overthrow of the government through force or other unlawful means.

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11
Q

Special Interest Groups

A

Organizations that advocate for specific causes or issues to influence public policy.

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12
Q

Lobbying

A

The act of attempting to influence decisions made by government officials.

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13
Q

Campaign Financing

A

Financial contributions made to influence the outcome of elections, including donations to political campaigns.

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14
Q

Corporation

A

A legal entity (organization) separate from its owners, often formed for business purposes.

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15
Q

Federal Election Campaign Act (1971)

A

Legislation regulating campaign financing and disclosure in federal elections.

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16
Q

Bipartisan Campaign Reform Act (McCain-Feingold Campaign Act) [2002]

A

Legislation aimed at reforming campaign finance laws, including restrictions on soft money contributions

17
Q

Political Action Committee (PAC)

A

An organization that raises and spends money to elect or defeat political candidates.

18
Q

SuperPAC

A

An independent political action committee that can raise unlimited funds but cannot directly coordinate with candidates.

19
Q

Assembly

A

The right to gather peacefully with others, protected under the First Amendment.

20
Q

Petition

A

The right to address the government with grievances, requests, or demands.

21
Q

Civic Action

A

Participation in activities aimed at influencing the political, social, or economic well-being of a community.

22
Q

Establishment

A

The clause in the First Amendment prohibiting the government from establishing an official religion.

23
Q

Free Exercise

A

The right to practice one’s religion freely, protected under the First Amendment.

24
Q

Separation of Church and State

A

The concept that government and religious institutions should operate independently of each other.

25
Religious vs. Civic Displays
Controversy surrounding the use of religious symbols or displays in public spaces.
26
Corporation
A legal entity separate from its owners, often formed for business purposes.
27
Schenck v. United States (1919)
Upheld limitations on free speech during wartime, establishing the "clear and present danger" test.
28
Chaplinsky v. State of New Hampshire (1942)
Defined "fighting words" as unprotected speech, allowing for their regulation and punishment.
29
New York Times v. Sullivan (1964)
Set a high standard for proving libel against public figures, protecting the press's right to criticize public officials.
30
Tinker v. Des Moines Independent Community School District (1969)
Affirmed students' right to symbolic speech in schools, unless it disrupts the educational environment.
31
Texas v. Johnson (1989):
Declared that flag burning is a form of symbolic speech protected by the First Amendment.
32
Citizens United v. FEC (2011)
Protected the Westboro Baptist Church's right to engage in controversial protests at military funerals
33
Engel v. Vitale (1962)
Prohibited state-sponsored prayer in public schools, establishing the separation of church and state.
34
Employment Division v. Smith (1990)
Limited the scope of religious exemptions from neutral and generally applicable laws.
35
Burwell v. Hobby Lobby Stores (2013)
Recognized certain closely held corporations' right to religious exemptions from the Affordable Care Act's contraception mandate.
36
Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission (2017)
Considered the balance between religious freedom and anti-discrimination laws, ruling in favor of a baker who refused to create a cake for a same-sex wedding.