Unit 3 Flashcards
What’s the purpose of the bill of rights
The purpose of the bill of rights was to satisfy the needs of the antifederalists and the federalists, an addition of our rights that they thought should be adressed
Show how the first amendment’s establishment and free exercise clauses can create tension between government power and freedom of religion
The first amendment’s establishment and free exercise clauses creates tenion beause its a touchy subject. What’s classified as free speech and what take the freedom too far
Summarize Engel v. vitale (1962) and its relationship to the first amendment
SCOTUS sided with Engle
Ended the stipulation if prayr should be allowed in school (no forced prayer)
- didnt completely ban prayer altogether
Summarize Wisconsin v. Yoder (1972) ad its relationship to this topic
SCOTUS sided with Yoder to exercise the freedom of religion (Amish kids stopping going to school at 8th grade)
What are four examples of the government’s efforts to balance social order and the freedom of speech? (In other words, what are areas in which the government, including the courts, have deemed it permissible to regulate speech
What is a SCOTUS case that supports one of the above examples of regulating speec
Shneck v. United States (1919) Shneck made a slogan that interfeared ith the recruitment of soldiers during a time of war which was illlegal
Is symbolic Speech protected? Adress Tinker v. Des Moines Independent Community school district (1969)
Symbolic speech is protected.
- in tinker v. Des Moines, students wore armbands in protest of the Vietnam War, and the school tried to restrict them from wearing them, which is illegal because the students weren’t disrupting the flow of school
In what ways might the freedom of the press be limited? Consider prior restraint and shield laws)
A news station that publishes false info about a person can be sued for lible
What role did New York Times Co. v United States (1971) play on this topic? (Make sure to connect the term “heavy presumption”/ “heavy burden”)
Schenck v. United States (1919):
freedom of speech
Brown v. Board of Education of Topeka (1954):
(14A) equal protections
Baker v. Carr (1962):
Equal protections (14A)
Engel v. Vitale (1962)
Establishment clause (1A)
Gideon v. Wainwright (1963):
Right to councel (6A)
Tinker v. Des Moines (1969):
Freemdom of speech (1A)
New York Times Company v. U.S. (1971):
Free press (1A)
Wisconsin v. Yoder (1972):
Free exercise clause
U.S. v. Lopez (1995):
commerce clause (1A)
Shaw v. Reno (1993):
Equal protection clause (14A)
