AP GOV QUIZ 3

Pataasin ang iyong marka sa homework at exams ngayon gamit ang Quizwiz!

Describe how the Supreme Court's rulings have been in favor of individual liberty, with regard to the 2nd Amendment. DC v. Heller (2008).

After the District of Columbia passed legislation barring the registration of handguns, requiring licenses for all pistols, and mandating that all legal firearms must be kept unloaded and disassembled or trigger locked, a group of private gun-owners brought suit claiming the law violated their Second Amendment right to bear arms. In a 5-4 decision in Heller's favor, the Court held that the Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that firearm for traditional lawful purposes, such as self-defense within the home.

Describe the facts, constitutional provision, and precedent set by Mapp v. Ohio (1961).

An informant told police a suspect in a bombing was hiding in Dollree Mapp's house and that she had illegal gambling equipment in her home. When police arrived to search, she demanded to see the warrant, but the police refused to show it to her, and they arrested her for obscene materials in the home. She argues search without proof of warrant was illegal. The Supreme Court issued a 6-3 decision in favor of Mapp that overturned her conviction and held that the exclusionary rule applies to American states as well as the federal government. This case extended the exclusionary rule announced in Weeks V. United States to state and local law-enforcement officers. After this case, evidence seized in violation of the Fourth Amendment could not be used by the prosecution as evidence of a defendant's guilt in any court-federal, state, or local.

Who wanted a Bill of Rights added to the Constitution?

Anti-federalists

How to curtail corrupt officials?

Antifederalist: Know the people who are running for office (small republic). Federalist: the spreading out of officials in a large republic and having more ideas would balance power, keeping the power/ideas less centralized.

The proper size of a republic?

Antifederalist: Small - better represents the diverse needs of the people because the representatives will "know" the mind of the people they represent; they will clash less and get things done because their interests will be more in line. Federalist: Madison's view that controlling the effect of factions through a properly structured government was the best way to secure the people's rights.

How to balance power between the national and the state governments?

Antifederalist: The states should have a significant amount of power to represent the real needs of the people and the national government should be very limited (don't like necessary & proper clause, supremacy clause, supreme court, military power). Federalist: Madison believed that the central government's power needed to be increased in some respects. Under a central government over a large territory like the United States, factions would compete with each other. This would make it more difficult for a faction to control the government and oppress other citizens.

What type of speech is protected (outside of schools)?

Anything that isn't trying to provoke illegal activity, obscenity and those that infringe on other's rights. Core political speech, expressive speech, and most types of commercial speech are protected under the First Amendment.

Describe the facts, constitutional provision, and precedent set by Bethel v. Fraser (1985).

At a school assembly of approximately 600 high school students, Matthew Fraser made a speech nominating a fellow student for elective office. In his speech, Fraser used what some of the observers believed to be sexual connotations to promote the candidacy of his friend. Fraser was suspended on the account of conduct that "substantially interferes with the educational process..." Does the First Amendment prevent a school district from disciplining a high school student for giving a lewd speech at a school assembly? The court ruled against Fraser. The Court found that it was appropriate for the school to prohibit the use of vulgar and offensive language. Chief Justice Burger distinguished between political speech which the Court previously had protected in Tinker v. Des Moines (1969) and the supposed sexual context of Fraser's message at the assembly. Burger concluded that the First Amendment did not prohibit schools from prohibiting vulgar and lewd speech since such discourse was inconsistent with the "fundamental values of public school education."

Describe the facts, constitutional provision, and precedent set by Morse v. Frederick (2007).

At a school-supervised event, Joseph Fredrick held up a banner with the message "Bong Hits 4 Jesus," a slang reference to marijuana smoking. Principal Deborah Morse took away the banner and suspended Fredrick for ten days. She justified her actions by citing the school's policy against the display of material that promotes the use of illegal drugs. Fredrick sued under 42 U.S.C. 1983, the federal civil rights statute, alleging a violation of his First Amendment right to freedom of speech. Does the first amendment allow public schools to prohibit students from displaying messages promoting the use of illegal drugs at school-supervised events? Yes. The Court reversed the Ninth Circuit by a 5-4 vote, ruling in Morse's favor that school officials can prohibit students from displaying messages that promote illegal drug use.

Define the exclusionary rule.

A law that prohibits the use of illegally obtained evidence in a criminal trial.

Identify the required SCOTUS cases that involve incorporation of a specific right.

Barron v. Baltimore (1832) FIFTH AMENDMENT John Barron was the co-owner of a profitable wharf in the harbour of Baltimore. As the city developed and expanded, large amounts of sand accumulated in the harbor, depriving Barron of the deep waters which had been the key to his successful business. He sued the city to recover a portion of his financial losses Does the 5th amendment deny the states as well as the national government the right to take private property for public use without justly compensating the property's owner? Chief Justice Marshall wrote for the unanimous that the 5th amendment was intended to limit the power of the national government- it doesn't apply to the states. Barron lost. This helped define the concept of federalism. Gitlow v. New York (1925) FIRST AMENDMENT Gitlow, a socialist, was arrested for distributing copies of a "left-wing manifesto" that called for the establishment of socialism through strikes and class action of any form. Gitlow was convicted under a state criminal anarchy law, which punished advocating for overthrow of the government by force. Does the NY law punishment violate Gitlow's "freedom of speech" under the free speech clause of the First Amendment? Does the National/Federal First Amendment apply to the state? Yes, by virtue of the liberty protected by due process that no state shall deny (14th Amendment). The court ruled against Gitlow. In the merits, a state may forbid both speech and publication if they have a tendency to to result in action dangerous to public security, even though such utterances create no clear and present danger. "Bill of Rights: Git-low to the States"

Why wasn't a Bill of Rights included in the original constitution?

Because we did not need a bill of rights- the people and the states kept any powers not given to the federal government.

Define prior restraint.

Censorship imposed before speech is made or a newspaper is published.

9th amendment

Citizens entitled to rights not listed in the Constitution (enumerated rights)

Describe the facts, constitutional provision, and precedent set by Gideon v. Wainwright (1963).

Clarence Earl Gideon was charged in Florida state court with felony breaking and entering. When he appeared in court without a lawyer, Gideon requested that the court appoint one for him. According to Florida state law, however, an attorney may only be appointed to an indigent defendant in capital cases, so the trial court did not appoint one. Gideon represented himself in trial. He was found guilty and sentenced to five years in prison. Gideon filed a habeas corpus petition in the Florida Supreme Court, arguing that the trial court's decision violated his constitutional right to be represented by counsel. The Florida Supreme Court denied habeas corpus relief. Does the Sixth Amendment's right to counsel in criminal cases extend to felony defendants in state courts? In a unanimous opinion authored by Justice Hugo L. Black, the Court held, in Gideon's favor, that it was consistent with the Constitution to require state courts to appoint attorneys for defendants who could not afford to retain counsel on their own. The Court reasoned that the Sixth Amendment's guarantee of counsel is a fundamental and essential right made obligatory upon the states by the Fourteenth Amendment. The Sixth Amendment guarantees the accused the right to the assistance of counsel in all criminal prosecutions and requires courts to provide counsel for defendants unable to hire counsel unless the right was competently and intelligently waived. Justice Douglas, while joining the Court's opinion, elaborated, in a separate opinion, the relation between the Bill of Rights and the first section of the Fourteenth Amendment.

Define the Establishment Clause.

Congress shall make no law respecting an establishment (clause) of religion, ...

Define the Freedom of Speech clause.

Congress shall make no law... abridging the freedom of speech (clause), ...

Define the Free Exercise Clause.

Congress shall make no law... prohibiting the free exercise (clause) [of religion]... " Remember there are always "time, place, and manner restrictions"

Identify who the Bill of Rights originally protected people from.

Congress/National Govt.

5th amendment

Criminal Proceedings; Due Process; Eminent Domain; Double Jeopardy; Protection from Self incrimination "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger(Criminal Proceedings); nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb(Double Jeopardy); nor shall be compelled in any criminal case to be a witness against himself(Protection from self-incrimination), nor be deprived of life, liberty, or property, without due process of law(Due Process); nor shall private property be taken for public use, without just compensation.(Eminent Domain)"

14th amendment

Declares that all persons born in the U.S. are citizens and are guaranteed equal protection of the laws. "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."

What rights were already protected in the original constitution (Article 1, Sec 9)?

Ex post facto (cannot get charged for a crime that you committed before the crime was illegal in law), Writ of habeas corpus (protects against unlawful and indefinite imprisonment. Translated from Latin it means "show me the body." Habeas corpus has historically been an important instrument to safeguard individual freedom), Bill of Attainder (prohibits Congress and State and local legislatures from enacting laws that inflicts civil and criminal punishment on a name individual or group without a judicial trial)

Describe what limits have been put on speech to maintain public order (exceptions to freedom of speech).

Exceptions have been made for speech that violates the legal rights of others, or because of compelling governmental interests. Examples of these categories include incitement, true threats, and fighting words.

Everson v. Board of Education

FREEDOM OF RELIGION, FIRST AMENDMENT A New Jersey law permitted local school boards to cover transportation costs for children attending either public or private non-profit schools. One town reimbursed parents for transportation costs to its four Catholic schools. Taxpayer Arch Everson filed a suit against the board of education, challenging this as a violation of the establishment clause. The court ruled, in the board's favor, that the establishment clause means that the government can't set up a church, pass laws to aid one religion or all religions, give preference to a religion, levy a tax, compel church attendance, etc. "In the words of Jefferson, the clause was intended to erect a wall of separation

Reynolds v. US (1879)

FREEDOM OF RELIGION, FIRST AMENDMENT George Reynolds, secretary to Mormon Church leader Brigham Young, challenged the federal anti-bigamy statute. Reynolds was convicted in a Utah territorial district court. His conviction was affirmed by the Utah territorial supreme court. Does the federal anti-bigamy statute violate the First Amendment's free exercise clause because plural marriage is a part of religious practice. No, the court ruled against Reynolds. Chief Justice Morrison R. Waite, writing for a unanimous court, held that the statute can punish criminal activity without regard to religious belief. The First Amendment protected religious belief, but it did not protect religious practices that were judged to be criminal such as bigamy. Those who practice polygamy could no more be exempt from the law than those who may wish to practice human sacrifice as part of their religious belief..

Lemon v. Kurtzman (1971)

FREEDOM OF RELIGION, FIRST AMENDMENT This case was based on the state passing legislation to fund private schools with teacher salaries and school materials. Citizens disagreed with this legislation because most of the private schools in these states were Roman Catholic schools. The citizens won. Because of Lemon v. Kurtzman, the Supreme Court established a three part "lemon" test: The government's action must have a secular legislative purpose; The government's action must not have the primary effect of either advancing or inhibiting religion; The government's action must not result in an "excessive government entanglement" with religionterm-24

4th amendment

Freedom from unreasonable searches and seizures. "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

1st amendment

Freedom of Religion, Speech, Press, Assembly, and Petition. "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances."

Describe the facts, constitutional provision, and precedent set by Tinker v. Des Moines School District (1969).

In 1965, a group of students in Des Moines held a meeting in the home of 16-year-old Christopher Eckhardt to plan a public showing of their support for a truce in the Vietnam War. They decided to wear black armbands to school. The principal learned of their plan and created a policy that stated that any student wearing an armband would be asked to remove it, refusing to do so resulting in suspension. On December 16, Mary Beth Tinker and Christopher Eckhardt wore their armbands to school and were sent home. The following day, John Tinker did the same with the same result. Does a prohibition against the wearing of armbands in public school, as a form of symbolic protest, violate the students' freedom of speech protections guaranteed by the First Amendment? Yes. The Supreme Court held, in Tinker's favor, that the armbands represented pure speech that is entirely separate from the actions or conduct of those participating in it. The Court also held that the students did not lose their First Amendment rights to freedom of speech when they stepped onto school property. In order to justify the suppression of speech, the school officials must be able to prove that the conduct in question would "materially and substantially interfere" with the operation of the school. In this case, the school district's actions evidently stemmed from a fear of possible disruption rather than any actual interference. Non-disruptive freedom of speech in school is protected.

Describe the facts, constitutional provision, and precedent set by Hazelwood v. Kuhlmeier (1989).

In 1988 Students enrolled in the Journalism II class at Hazelwood East High School were responsible for writing and editing the school's paper. Two of the articles submitted for publication in the final edition of the paper contained stories on divorce and teenage pregnancy. While names were changed, both stories were written about students in school. The principal prohibited these articles from being published in the paper, afraid of harm coming to the students or controversy happening. The student journalists then brought suit alleging that their First Amendment rights to freedom of speech had been violated. The U.S. Supreme Court held that the principal's actions did not violate the students' free speech rights. The Court noted that the paper was sponsored by the school and, as such, the school had a legitimate interest in preventing the publication of articles that it deemed inappropriate. Court noted that the paper was not intended as a public forum in which everyone could share views; rather, it was a limited forum for journalism students to write articles pursuant to the requirements of their Journalism II class, and subject to appropriate editing by the school.

Describe the protections for the accused in the Sixth Amendment.

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial

Describe the facts, constitutional provision, and precedent set by New York Times v. United States (1971).

In what became known as the "Pentagon Papers Case," the Nixon Administration attempted to prevent the New York Times and Washington Post from publishing materials belonging to a classified Defense Department study regarding the history of United States activities in Vietnam. The President argued that prior restraint was necessary to protect national security but would that prior restraint violate the 1st amendment? Court reasoned that since publication would not cause an inevitable, direct, and immediate event imperiling the safety of American forces, prior restraint was unjustified. Established a "heavy presumption against prior restraint"

Describe actual malice.

It is the knowledge that the statements are FALSE or IN RECKLESS DISREGARD OF ITS TRUTH OR FALSITY.

Describe the facts, constitutional clause, and precedent set by Wisconsin v. Yoder (1972).

Jonas Yoder and Wallace Miller, both members of the Old Order Amish religion, and Adin Yutzy, a member of the Conservative Amish Mennonite Church, were prosecuted under a Wisconsin law that required all children to attend public schools until age 16. The three parents refused to send their children to such schools after the eighth grade, arguing that high school attendance was contrary to their religious beliefs. Did Wisconsin's requirement that all parents send their children to school at least until age 16 violate the First Amendment by criminalizing the conduct of parents who refused to send their children to school for religious reasons? In a 9-0 decision in Yoder's favor, the Court held that an individual's interests in the free exercise of religion under the First Amendment outweighed the State's interests in compelling school attendance beyond the eighth grade. In the majority opinion by Chief Justice Warren E. Burger, the Court found that the values and programs of secondary school were "in sharp conflict with the fundamental mode of life mandated by the Amish religion," and that an additional one or two years of high school would not produce the benefits of public education cited by Wisconsin to justify the law. Justice William O. Douglas filed a partial dissent but joined with the majority regarding Yoder.

Define libel and slander.

Libel is written and slander is spoken. These are false statements made about someone that harms their reputation. Defamatory statements- lies.

McDonald v. Chicago (2010) incorporated the 2nd Amendment. What does that mean?

McDonald v. Chicago incorporated the second amendment to the states, making it applicable to the states. This means that McDonald v. Chicago (2010) narrowed the meaning of what it means to have the right to bear arms, and to what extent.

Describe the facts, constitutional provision, and precedent set by Miranda v. Arizona (1968).

Miranda was arrested for kidnapping and attacking a young woman. He was not informed that he had the right to a lawyer or to refuse to answer questions This court held, in Miranda's favor, that a person in police custody cannot be questioned unless told that he or she has the right to remain silent, the right to an attorney, that anything the person says can be used as evidence of guilt. The Supreme Court explained that a person alone in police custody may not understand, even if told, that he or she can remain silent and thus might be misled into believing that questions must be answered. These advisories constitute the well-known Miranda warnings and operate to ensure that a person in custody will not give up unknowingly the Fifth Amendment's protection against self-incrimination.

Can the government search your cell phone data without a warrant (need to research this question)?

NO

8th amendment

No cruel or unusual punishment

Describe the protections for the accused in the Fifth Amendment.

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb

What type of speech is not protected?

Obscenity Fighting words Defamation (including libel and slander) Child pornography Perjury Blackmail Incitement to imminent lawless action True threats Solicitations to commit crimes

7th amendment

Right to jury in civil trials.

2nd amendment

Right to keep and bear arms. "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."

Describe the facts, constitutional provision, and precedent set by (required court case for test) McDonald v. Chicago (2010).

Several suits were filed against Chicago and Oak Park in Illinois challenging their gun bans after the Supreme Court issued its opinion in District of Columbia v. Heller. Does the Second Amendment apply to the states because it is incorporated by the Fourteenth Amendment's Due Process clauses and thereby made applicable to the states? Yes. The Supreme Court reversed the Seventh Circuit in McDonald's favor, holding that the Fourteenth Amendment makes the Second Amendment right to keep and bear arms for the purpose of self-defense applicable to the states.

Define symbolic speech.

Symbolic speech consists of nonverbal, nonwritten forms of communication, such as flag burning, wearing arm bands, and burning of draft cards. It is generally protected by the First Amendment unless it causes a specific, direct threat to another individual or public order.

Describe exceptions to the 4th Amendment. New Jersey v. T.L.O (1986)

TLO was a student who was caught with a friend smoking in school bathrooms. The principal searched TLO because she claimed she was not smoking, and he found illegal drugs in her bag. TLO got in trouble so she claimed that the principal did not have the right to search her bag. In TLO's case, as long as you had reasonable suspicion, you could search bags in school. The Court reasoned, in New Jersey's favor, that search of her purse did not violate the 4th amendment. School officials can search a student as long as they have "reasonable cause" and the search was in good scope. A warrant is needed for most search and seizure activities, but the Court has carved out a series of exceptions: "good faith" consent searches motor vehicle searches evidence in plain view exigent circumstances border searches and other situations

Describe the purpose of the Bill of Rights.

The Anti-Federalists held that a bill of rights was necessary to safeguard individual liberty. These rights made sure that if the government ever had too much power the people still had their rights protected. They thought everyone knew what individual rights were, so they did not define them in the Constitution. However, the lack of specific guarantees of personal liberty was one of the main reasons why a number of states were reluctant to accept the Constitution.

Define the Miranda warnings.

The Miranda warning, which can also be referred as the Miranda rights, is a right to silence warning given by police in the United States to criminal suspects in police custody (or in a custodial interrogation) before they are interrogated to preserve the admissibility of their statements against them in criminal proceedings "You have the right to remain silent. Anything you say or do can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be appointed to you. Do you understand these rights as they have been read to you?"

Describe the facts, constitutional clause, and precedent set by Engel v. Vitale (1962).

The NY Board of Regents authorized a short, voluntary prayer for recitation at the start of each school day. Prayer: "Almighty God, we acknowledge our dependence upon Thee, and beg Thy blessings upon us, our teachers, and our country." Engel, part of a Jewish family, claimed that this went against the establishment clause. The court ruled in Engel's favor, saying that voluntary use of a government written prayer in public schools violates the establishment clause of the 1st amendment by way of the 14th amendment.

Describe the facts, constitutional provision, and precedent set by Schenck v. United States (1919).

The defendants were charged under the Act with distributing leaflets aimed at inciting draft resistance during World War I; their defense was that their anti-draft speech was protected by the free speech clause. The Supreme Court unanimously rejected Schenck's defense, explaining that whether or not speech is protected depends on the context in which it occurs. Here, said the Court, the context was the nation's war effort. Because the defendants' anti-draft rhetoric created a "clear and present danger" to the success of the war effort, it was not protected speech.

What protections are in the 4th Amendment that help maintain individual freedom?

The fourth amendment is the right of the people to be secure in their persons, houses, papers, and effects, against UNreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. The Fourth Amendment protects the people. This right limits the power of the police to seize and search people, their property, and their homes. This right helps individuals maintain their freedom and security of their own home, property, and their persons.

3rd amendment

The government cannot quarter soldiers in private homes during peacetime

10th amendment

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

6th amendment

The right to a Speedy Trial by jury, representation by an attorney for an accused person "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense."

Describe the exceptions to prior restraint.

There are some exceptions to prior restraint, including obscenity and national security. Prior restraint can take many forms. For example, the government or a government agency may refuse to grant a permit or license to a group that seeks to engage in free expression. This is supposed to protect the people. This is supposed to be a check on the press. It's like a filter before things are sent out to the public.

Describe the exception to the Miranda warnings.

These include situations such as: The suspect is being asked questions that are standard booking procedures. The situation involves an emergency hostage situation or negotiation. The person is unaware that they are speaking with a police officer.

Describe the facts, constitutional provision, and precedent set by Texas v. Johnson (1986).

This case held that, in Johnson's favor, burning an American flag is expressive conduct protected by the First Amendment. Expressive conduct, the Supreme Court explained, is conduct that is intended by the actor to convey a message, and the message that the actor intends to convey is one that observers likely would understand. The court then reversed the conviction of Gregory Johnson for "desecrating a venerated object" -burning an American flag at the 1984 Republican National Convention to protest the policies of the Reagan administration.

Describe the facts, constitutional provision, and precedent set by New York Times v. Sullivan.

This case is about a full-page ad alleging the arrest of Rev. Martin Luther King Jr. for perjury in Alabama. The false statement's intention was to destroy King's effort to integrate public facilities and encourage black Americans to vote. Mr. Sullivan, the Montgomery city commissioner, issued a LIBEL SUIT against NYT and 4 blacks listed as endorsers of the ad, claiming that the allegations against Montgomery police defamed him personally. Did Alabama's libel law unconstitutionally infringe the 1st Amendment's freedom of speech and freedom of press protections, by not requiring Sullivan to prove that an ad caused him personal harm and dismiss the same as untruthful due to factual error? The Court held that the 1st Amendment protects all statements, even false ones, about the conduct of public officials except when the statement is made with actual malice. Under this standard, the Sullivan Case collapsed.

Describe what limits have been put on speech in public schools.

Though public school students do possess First Amendment freedoms, the courts allow school officials to regulate certain types of student expression. For example, school officials may prohibit speech that substantially disrupts the school environment or that invades the rights of others. Many courts have held that school officials can restrict student speech that is lewd.

Describe the exceptions to prior restraint in public schools.

U.S. Courts have decided that the distribution of certain "obscene" material can be limited in order to preserve public decency. "Obscene" material is a limited category. Pornographic material on its own might not be considered obscene.

Does the Free Exercise Clause or the Establishment Clause protect majoritarian religions? Explain.

Yes, because majoritarianism is a traditional political philosophy or agenda that asserts that a majority (sometimes categorized by religion, language, social class, or some other identifying factor) of the population is entitled to a certain degree of primacy in society, and has the right to make decisions that affect the society

Describe a limitation on the freedom of religion.

cannot violate criminal laws (like prostitution or murder, also animal sacrifice) cannot offend public morals (like worshipping naked in public or polygamy) cannot threaten the health, safety, or welfare of the community (cannot worship with poisonous snakes, cannot burn bodies on a funeral pyre)

Describe how the Supreme Court has bolstered freedom of the press.

the Supreme Court has bolstered the freedom of the press by establishing a "heavy presumption against prior restraint." The Supreme Court has given the press the right to circulate opinions in print without much censorship by the government. Americans enjoy freedom of the press under the First Amendment (see also First Amendment) to the Constitution. Freedom of the press in the United States is legally protected by the First Amendment to the United States Constitution. This amendment is generally understood to prevent the government from interfering with the distribution of information and opinions.


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