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