10.2 First Amendment Freedoms
In the Schenck v. The United States case, the court established the principle that free speech would not be protected if an individual were a/an _____ to United States security.
"clear and present danger"
The First Amendment protects several basic liberties, such as _____. (Choose three answers.)
- freedom of religion - freedom of assembly - freedom of speech
Freedom of assembly has to be balanced with other people's rights if the following conditions exist. (Choose three answers)
- if it disrupts traffic flow - if it disrupts peace and quiet - if it disrupts public order
The First Amendment guarantees freedom of religion in two clauses, namely _____ (Choose two answers.)
- the "establishment" clause, which prohibits the government from establishing an official church - the "free exercise" clause that allows people to worship as they please.
Court cases that address freedom of religion have dealt with the following examples of cases: _____. (Choose three answers.)
- the restriction of poisonous snakes and drugs in religious rites - the banning of polygamy - the rejection of prayer in public schools
T or F: The First Amendment ensures that each U.S. state has the right to endorse religion or write laws based on chosen religious edicts.
False
T or F: The First Amendment of the Constitution states that Congress can make laws with regards to the establishment of religion or its exercise.
False
T or F: The Lemon Test is an attempt by the court to set up a framework to control future situations where the religious influences should be upheld over the state.
False
The _____ remains the single most powerful instrument for protecting the sacred freedoms of religion, speech, press, assembly, and petition for modern Americans
First Amendment
What type of speech has been provided strong protection by the courts from government regulation?
Pure Speech
What type of speech is the verbal expression of thoughts and opinions before a voluntary audience?
Pure Speech
What type of speech involves actions, such as demonstrating or protesting, as well as words?
Speech Plus
What type of speech is not generally protected as strictly as is pure speech, because actions can be physically dangerous?
Speech Plus
What type of speech is highly controversial, and as a rule, the courts have sometimes considered it to be beyond the limits of free speech?
Symbolic Speech
What type of speech is technically involves no speech at all, but it involves symbols that the courts have judged to be forms of free expression?
Symbolic Speech
T or F: Jurisprudence means all the important cases on a particular topic
True
T or F: The Establishment Clause refers to that part of the First Amendment that states that no law shall be made towards establishing a religion, for example creating an official state church.
True
T or F: The Free Exercise Clause means that anybody cannot be prohibited from being part of a certain religion, although it does not mean that any religious practice is allowed.
True
T or F: The Supreme Court case "Lemon v. Kurtzman" (1971) devised a three-pronged test to see if a state law violates the First Amendment's religion's clauses.
True
T or F: The three prongs of the Lemon Test include the questions as to whether the issue being debated has a secular legislative purpose, whether he issue's primary effect neither advances nor inhibits religion, and whether the issue does not create excessive entanglements between the church and the state.
True
Because free speech often conflicts with other rights and liberties, the courts have had to consider the question, _____ when deciding on cases.
What are the limits of free speech?
The government must grant a permit to the group, who applied for a permit to assemble, provided that _____.
officials have the means to prevent major disruptions
The principle of _____ holds that the government may not censor information before it is written and published, except in the most extreme cases of national security.
prior restraint
