Chapter 5, Test A Government

the first amendment was written to help resolve all of these conflicts except

a dispute between religious denominations over a certain teaching

free exercise clause

a law against laws that forbid or require membership in a church

establishment clause

a law against laws that permit religious discrimination

Incorporation

a process made necessary by the fourteenth amendment

which situation violates the establishment clause

a public housing agency requires clients to list their religion on rental applications

police power

a right that may be exercised to meet a compelling state interest

imminent lawless action

a situation where speech may be restricted legally

hate crime

an illegal action provoked by a victim's gender, race, or ethnicity

how are laws against sedition similar to laws against hate crimes

all of the above

what reasons were given against including a bill of rights in the constitution

all of the above

prior restraint

an attempt by government to prevent the release of possibly damaging information

laws that guarantee freedom of WORSHIP would protect both the members inside an exclusive private club and people outside marching to protest their policy

assembly

political correctness

avoiding speech that promotes a negative image of certain members of society

an example of "secular intent" would be

awarding a state funds to a church-run homeless shelter

the first amendment deals with

both civil rights and civil liberties

how was ensuring freedom meant to promote national unity

by reducing conflict caused by religious discrimination

without a bill of rights in the constitution

citizen's rights would have to be inferred from the articles

what argument might justify a court ordering medical care for children that goes against their parents' religious beliefs

compelling state interest

suppose a muslim student sued his public high school for not offering food that is halal, if the warren court had heard the case, it would probably have

decided in favor of the school

in terms of civil rights, incorporation was lacking in that it

depended on the interpretation of the supreme court

as a federal document, the bill of rights became the model that state constitutions were patterned after

false

freedom of religions and of expression are absolute rights under the constitution

false

the first amendment has been applied in a straightforward, consistent manner

false

because of EX POST FACTO LAWS, an essay that was legally protected under the Massachusetts constitution might have landed the author in jail in Tennessee

false........... selective incorporation

if courts weren't required to issue BILLS OF ATTAINDER, lawyers wouldn't be able to prepare an adequate defense against the charges brought against their clients

false............ writs of habeas corpus

a newspaper could be found guilty of libel for printing a story that

intentionally harms a persons' reputation

how did the warren court influence the interpretation of the First Amendment

it increased restrictions under the establishment clause

why is freedom of assembly considered a first amendment issue

it often involves the expression of ideas

which aspect of a law is not considered in the lemon test

its risk of leading to disunity in society

Oliver Wendell Holmes

justice whose decisions limited the definition of sedition

bills of attainder

laws intended to restrict a particular group in society

bill of rights

laws that protect american citizens from abuse of government powers

habeas corpus

legal protection against being imprisoned for unspecified reasons

for a journalist to print a story that damages someone's career, using unreliable resources, would be considered

libel

which test would be used to decide whether a local library can install software to block pornographic web sites on their computers

miller

symbolic speech

nonverbal expression of opinion

the supreme court's rulings on hate crimes show that

offensive actions are mot necessarily unconstitutional

conscientious objector

one who invokes first amendment protections to avoid fighting a war

portraying members of a minority group in an unfavorable light would qualify as

politically incorrect

what is one intended goal of the separationist view of the first amendment

prohibiting the use of government resources in religious activity

to an accommodationist, the inscription "In God We Trust" on U.S. currency shows that

religion in the political arena does not threaten freedom

what doctrine might allow a patient with state-funded medical care to be treated at a church run hospital

secular intent

having trial witnesses sworn in using a Bible is unconstitutional to a

separationist

fighting words

speech specifically meant to provoke violence

one result of the fourteenth amendment was that

state governments lost power to the federal government

accommodationist

supporter of government that walks a middle ground between a theocracy and an atheist state

gitlow v. new york

supreme court case that increased citizen's protection under the fourteenth amendment

new york times v. sullivan

supreme court case that set the standard for determining libel

incorporation

the process of reconciling state constitutions with the American Constitution

how are ex post facto laws a threat to civil rights?

they allow punishment for an act that was legal when it was done

FEDERALISTS believed that a bill of rights would endanger civil liberties

true

early laws restricting speech showed that founders worried about people who might be called "enemies of the state"

true

the first amendment distinguishes between protecting religious rights and promoting religious rights

true

to be guilty of LIBEL, a journalist must show extreme carelessness with printing the truth

true

ex post facto

unconstitutionally applying a present legal status to a past action

based on the protections included in the bill of rights, what government abuse most concerned the founders?

using the criminal justice system to control critics