ch.13

Dejong v. Oregon

2 main issues: assembly has just as much protection as press and 14th amendment protects freedom of assembly from state and local government.

Reynolds v. U.S.

Mormon people can believe what they want but if your practice violated the law you can't do it.

parochial school

a school operated b a church or religious group.

Sheneck v. U.S.

actions threatened well being of the nation during wartime.

New York Times v. U.S.

allowed publication of pentagon papers because stopping publication would be prior restraint.

Lemon v. Kurtzman

created a 3 part test to determine if public money can be used for parochial schools.

14th amendment

due process of law.

1)most elected officials take their oaths of office in the name of God.2)Nations coins contain phrase "In God we Trust."3) "one Nation Under God" in Pledge of allegiance.

examples of how religion has been and still is a part of gov. in the U.S.

slander

false speech intended to damage a persons reputation.

defamatory speech

false speech that damages a persons good name, reputation, or character.

libel

false written or published statements intended to damage a persons reputation.

Texas v. Johnson

freedom of speech and symbolic speech gives you the right to burn the flag.

human rights

fundamental freedoms

prior restraint

gov. censorship of info before it is published or broadcast.

nationalization

if a citizen believes that a state or local authority has denied them their basic rights may take their case to a federal court.

shield laws

law that gives reporters some means of protection against being forced to disclose confidential info or sources in state court.

abridge

limit

Miller v. California

local gov. should set their own standard for obscenity.

precedent

model on which to base later decisions or actions.

Engel v. Vitall

no prayer in public schools.

secular

nonreligious

gag order

order by a judge barring the press from publishing certain types of info. about a pending court case.

Sheppard v. Maxwell

press coverage had interfered with sheppards right to a fair trial; created 5 measures judges can take to avoid this.

incorporation

process that extended the protections of the Bill of Rights against the actions of state and local governments.

Everson v. Board

providing a bis benefited students rather than aides a religion directly.

Heckler's veto

public veto of free speech and assembly rights of unpopular groups by claiming demonstrations will result in violence.

Barron v. Baltimore

ruled the first 10 amendments don't apply to state and local government. ex. some states may not allow the right to bear arms.

seditious speech

speech urging resistance to lawful authority or advocating the overthrow of the gov.

Reno v. ACLU

speed on the internet is closer to print media and therefore should have more protection than radio and T.V.

Gitlow v. New York

states can't violate anyones freedom of speech. (incorporation)

Hazelwood v. Khulmeir

students speech is more restricted than adults.

Brandonburg v. Ohio

the 1st amendment does not protect speech intended to advocate immediate and concrete acts of violence.

establishment clause

the 1st amendment guarantee that "congress shall make no law respecting an establishment of religion."

free exercise clause

the 1st amendment guarantee that prohibits gov. from unduly interfering with the free exercise of religion.

Edwards v. Aguillard

the law required the teaching of creationism was found unconstitutional.

holocaust

the mass extinction of jews and other groups by the Nazis during WWII.

symbolic speech

the use of actions and symbols in addition to or instead words, to express opinions.

sequester

to keep isolated.

picketing

to patrol an establishment to convince workers and the public not to enter it.

pure speech

verbal expression of thought and opinion before an audience that has chosen to listen.

establishment clause & free exercise clause

what 2 clauses in Amendment one pertain to religion?

slander and libel

what are 2 categories of defamatory speech?

2nd, 3rd, & 10th, the excessive bails and fines prohibition of the 8th am., & 2 judicial procedures contained in the 5th and 7th amendments.

what are the exceptions to incorporated?

speech that has a profit motive

what is commercial speech?

you can believe what you want but you can't practice things against the law.

what is the distinction between religious belief and religious practice?

defamatory, student, and seditious speech, and fighting words.

what types of speech are not protected?

because they provide the basis of all liberties

why are the 1st am. freedoms given more protection than other freedoms?