chapter 19 short answer

What is the key to acceptable or legal assemblies and petitions?

The 1st and 14th amendments protect the rights of peaceable assembly and petition. The Constitution does not give to anyone the right to incite others to violence, block a public street, close a school, or otherwise to endanger life, property, or public safety. Civil disobedience is not a constitutionally protected right.

Describe how the 9th Amendment helps protect individual rights.

The 9th Amendment says that there are, in fact, some guarantees beyond those set out in the Constitution.

List two ways religion is a part of our government.

-Daily sessions of both houses of Congress and most of the State legislatures begin with prayer. In Congress, and in many States, chaplains paid with public funds offer the opening prayer. -Nearly all property of and contributions to religious sects are free from federal, State, and local taxation -Chaplains serve with each branch of the armed forces -Most public officials take an oath of office in the name of God -"In God we trust" is written on our currency

The Free Exercise Clause does not give absolute rights. Give two examples of regulations on free exercise.

-Jacobson v. Massachusetts, 1905- school children require vaccination. -Goldman v. Weinberger, 1986- The Air Force can deny an Orthodox Jew the right to wear his yarmulke while on active duty. -Bunn v. North Carolina, 1949- forbid the use of poisonous snakes in religious rites.

Name one control, requirement, or rule concerning the time, place, or manner of assemblies on public property.

-The Court upheld a city ordinance that prohibited making a noise or any other diversion near a school if that action has a disruptive effect on school activities. -It has also upheld a State law that forbids parades near a courthouse when they are intended to influence court proceedings.

List two examples of free exercise rights upheld by the Supreme Court.

-Wisconsin v. Yoder, 1972- Amish children cannot be forced to attend school beyond the 8th grade. -Cantwell v. Connecticut, 1940- The Court struck down a law requiring a person to obtain a license before soliciting money for a religious cause. -West Virginia Board of Education v. Barnette, 1943- The Court held a compulsory flag-solute law unconstitutional -Businesses not being open on Sundays

List one standard to determine if something is obscene.

A book, film, recording, or other piece of material is legally obscene if (1) the average person applying contemporary local community standards finds that the work, taken as a whole, appeals to the prurient interest, that is, tends to excite lust

Why is obscenity such a difficult thing to define?

A large part of the problem in defining obscenity lies in the fact that moral standards vary from time to time, place to place, and person to person.

Cite a real world example to support the idea that words can hurt others.

A real world example is bullying. Kids are hurt every day by verbal abuse from other students, and these can cause serious damage.

Why was one release program struck down by the Court but another was ruled acceptable?

A released time program is unconstitutional if it takes place on public property. The Court requires that the release program take place in private places off school property.

Tell what the Court ruled concerning the burning of the American flag.

A sharply divided Court has twice held that burning the American flag as an act of political protest is expressive conduct protected by the 1st and 14th amendments.

Explain how a democratic government differs from a dictatorial government.

All governments have and use authority over individuals. The all-important difference between a democratic government and a dictatorial one lies in the extent of that authority. In a dictatorial regime, the government's powers are practically unlimited. The government's powers are practically unlimited. The government regularly suppresses dissent, often harshly. In the United States, however, governmental authority is strictly limited

Why are free speech and free press key to the success of a democratic government?

The American system of government depends on the ability of the people to make sound, reasoned judgement on matters of public concern. The people can make such judgements when they know all the facts and can hear all the available interpretations of those facts.

What does it mean to say rights are not absolute, then give an example to clarify this idea.

The Constitution guarantees many rights to everyone in the United States. Still, no one has the right to do anything he or she pleases. Rather, all persons have the right to do as they please as long as they do not infringe on the rights of others. That is, each person's rights are relative to the rights of every other person. To illustrate the point: Everyone in the United States has a right of free speech, but no one enjoys absolute freedom of speech. A person can be punished for using obscene language, or for using words in a way that causes someone to commit a crime. Falsely shouting fire in a crowded theater; burning the draft cards.

Why did the Court rule that the publishing of the Pentagon Papers by the New York Times in 1971 was allowable?

The Court found that the government had not shown that printing the documents would endanger the nation's security.

Explain why a Minnesota law giving parents of parochial students an income tax deduction for the costs of tuition, textbooks, and transportation was allowed by the Court.

The Court found the law met the Lemon test, and it relied on this point: The tax dedication is available to all parents with children in school.

Explain the Court's ruling concerning assembly and petition on private property, and give an example of private property.

The Court has said that the 1st and 14th Amendment rights of assembly and petition do not give people a right to trespass on private property, even to express political views. An example of private property are shopping centers.

What reason did the Court give for allowing the censorship of school newspapers, school plays, and other school sponsored activities?

The Court held that the school administrators can exercise editorial control over the style and content of student speech in school-sponsored expressive activities so long as their actions are reasonably related to legitimate pedagogical concerns.

Tell what was decided in the Everson vs. Board of Education case, and tell why the Court ruled as they did in the case.

The Everson v. Board of Education was the Court's first direct ruling on the Establishment Clause. The Court upheld a State law that provided for the public, tax-supported busing of students for attending any school in the State, including parochial ones. The Court found the law to be a safety measure intended to benefit children, no matter what schools they might attend.

Explain any connection you see between the treatment of Japanese Americans during World War II and the treatment of Muslims in America today. You can also explain how these two situations are not alike.

During WWII, Japanese Americans were seen as a threat to Americans. Obviously not all Japanese desired to destroy America, however, almost all Japanese were treated as though they did, by forcing them to relocate; many hardships were suffered, including economic ones. This can relate to the way the Americans view Muslims in America today. After 9/11 a stereotype was formed that made all Muslims an enemy. We see prejudice towards Muslims in the Muslim travel ban that was just recently signed. We, as Americans, after a group of people act violently against our country, seem to categorize all of those people as enemies and threats, when that is not the case.

Give one example of commercial speech the Court said was acceptable and one it ruled was unacceptable.

Government can and does prohibit false and misleading advertisements, and the advertising of illegal goods or services. In 1970, congress banned cigarette ads on radio and television. In 1986, it extended the ban to include chewing tobacco and snuff. In P. Lorillard Co. v. Reilly, 2001, the Court held that a Massachusetts law, barring outdoor ads for smokeless tobacco and cigars within 1,000 feet of any school or playground, was unconstitutional and a violation of the 1st and 14th amendments' guarantees.

Do you agree with the reporters or the courts and law enforcement on the question of revealing sources? Explain!

I agree with the courts. I do not believe that the media should be above anyone else when it comes to confidentiality. When placed before the courts, under oath, anyone should be required to answer the questions truthfully. Their withholding of information could tamper with the results of a case.

Tell why you believe the Smith Act was a positive or a negative law.

I believe that the Smith Act was a positive law because I think it is dangerous to allow people to advocate for the violent overthrow of the government. I agree that merely to urge someone to believe something, in contrast to urging that person to do something, cannot be made illegal. Believing and doing are two very different things.

Explain why the movie industry is careful to correctly "rate" their films.

I think the movie industry is careful in rating their films because they are their own business. Mistakes made on their part, fall back onto them, not onto the Courts in a matter of free press. Most people now rely on the film industry's own rating system and on the comments of movie critics to guide their viewing choices.

Explain one example of recent right-to-associate cases.

In Boy Scouts of America v. Dale, 2000,the Supreme Court held that the Boy Scouts have a constitutional right to exclude gays from their organization. The Court noted that opposition to homosexuality is a part of the Boy Scout organization's "expressive association" - that is, what they stand for. The Court ruled that a State cannot force an organization to accept members when that action would contradict what the organization professes to believe.

Explain how the Court ruled concerning prayer in public schools.

In Engel v. Vitale, 1962, the Court outlawed the use, even on a voluntary basis, of a prayer written by the New York State Board of Regents. The Court must follow the command of the 1st Amendment that the government maintain strict neutrality, neither aiding nor opposing religion. -it's not the business of government to compose official prayers for any group - prayer in public schools is outlawed

seasonal displays

In Lynch v. Donnelly, 1984, the Court held that the city of Pawtucket could include the Christian nativity scene in its holiday display, which also featured non-religious objects such as Santa's sleigh and reindeer. In Pittsburgh v. ACLU the Court upheld another seasonal display because it consisted of a Christmas tree, an 18-foot menorah, and a sign declaring the city's dedication to freedom.

How has the Court ruled concerning protests at abortion clinics?

In Madsen v. Women's Health Services, Inc., 1994, the Supreme Court upheld a Florida judge's order directing protesters not to block access to an abortion clinic. The judge's order had drawn a 36-foot buffer zone around the clinic. In Hill v. Colorado, 2000, the Court upheld a State law that limits "sidewalk counseling" at clinics where abortions are performed. That statute creates an eight-foot buffer zone around anyone who wants to enter. No one may make an "unwanted approach" to talk, hand out a leaflet, or wave a sign.

chaplains

In Marsh v. Chambers, 1983, the Supreme Court ruled that beginning sessions of Congress with prayer is constitutional, unlike prayers in the public schools. The Court rested its distinction between school prayers on two points. First, prayers have been offered in the nation's legislative bodies "from colonial times through the founding of the Republic and ever since." Second, legislators, unlike schoolchildren, are not "susceptible to 'religious indoctrination,' or peer pressure."

the 10 commandments

In McCreary County v. ACLU of Kentucky, the Court ruled the display of the Ten Commandments in Kentucky county courthouses as unacceptable. They were, said the Court, an impermissible endorsement of religion by government. In Van Orden v. Perry, the Court held that the 10 Commandments monument located on the grounds of the Texas State Capitol in Austin did not violate the 1st and 14th amendments. The Court found that the monument was erected in 1961 as part of a private group's campaign against juvenile delinquency, is set among 37 other historical and cultural markers, and had gone unchallenged for some 40 years.

Why do public officials and public figures have less protection than others from public criticism?

In New York Time v. Sullivan, 1964, the Supreme Court held that public officials cannot recover damages for a published criticism, even if it is exaggerated or false, "unless that statement was made with actual malice - that is, knowledge that it was false or with a reckless disregard of whether it was false or not." Later decisions have extended this ruling to cover public figures. -*They have the money to protect themselves, and they have the platform to be able to protect themselves; they are famous, people know them.

Explain why burning your draft card is an example of unacceptable symbolic speech, while wearing a black armband to protest war is acceptable or allowed.

In United States v. O'Brien, 1968, four young men burned their draft cards to protest the war in Vietnam. The Court said that, "We cannot accept the view that an apparently limitless variety of conduct can be labeled 'speech' whenever the person engaging in the conduct intends thereby to express an idea." Burning draft cards interferes with the war effort. In the Tinker v. Des moines School District, 1969, several students wore black armbands to protest the Vietnam War. The Court found that school officials had overstepped their authority and violated the students' right to free expression. "It can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate."

Tell why reporters insist they must have the right to refuse to give out the story sources in court cases?

Many reporters and news organizations insist that they must have the right to refuse to testify in order to protect their sources. They argue that without this right they cannot assure confidentiality, and therefore many sources will not reveal important, sensitive information.

Give two examples of things not protected by free speech or free press laws.

No person has the right to libel or slander. Sedition and seditious speech are also not protected by the 1st amendment.

Give two examples of state aid to parochial schools

Parochial schools can receive State aid in the form of transportation, textbooks, standardized testing, and lunch programs.

Name one circumstance where the Court decided that prior restraint is acceptable.

Prior restraint is acceptable in wartime, or when a publication is obscene or incites its readers to acts of violence.

What is one requirement for assembly on public property?

The Supreme Court has often upheld laws that require advance notice and permits for demonstrations in public places.

Why do courts and law enforcement believe they should be allowed to force reporters to reveal their sources?

The Supreme Court said that reporters, "like other citizens, must respond to relevant questions put to them in the course of a valid grand jury investigation or criminal trial." If the media are to receive any special exemptions, said the Court, they must come from Congress and the State legislatures.

Explain the meaning of "freedom for the thought that we hate".

The guarantees of free speech and press are intended to protect the expression of unpopular views. The opinions of the majority need little or no constitutional protection.

Explain what is meant by "clear and present danger".

The rule says that words can be outlawed. Those who utter them can be punished if there is an immediate danger that criminal acts will follow.

Tell why the Bill of Rights was added so quickly to the Constitution after its adoption.

Unlike many of the first State constitutions, however the new National Constitution did not include a general listing of the rights of the people. That omission raised an outcry. The objections were so strong that several States ratified the Constitution only with the understanding that a listing of rights would soon be added.

Why are radio stations and network television subjected to wide-ranging federal regulations?

Unlike newspapers and other print media, radio and television use the public's property - the public airwaves - to distribute their materials.