US GOVERNMENT CHAPTER 10 Civil Liberties: First Amendment Freedoms
social duties; social order Bigamy poisonous snakes vaccinated
Limits of the Free Exercise Clause + Actions that violate _________ _______or disrupt _________ ________ are not covered under the Free Exercise Clause. + Examples: - _________ + Using ____________ ___________ during religious ceremonies + Schoolchildren who have not been _____________
infringe upon the rights of others; relative
People in the United States are free to do as they please as long as they do not do what? Rights are _____________
Released Time
Students can be released during school hours to attend religious classes as long as the classes don't take place in a public facility
draft cards; flag burning
Supreme Court rulings show that the blanket of symbolic speech covers only so much. It does not cover destroying ________ ________ (United States v. O'Brien, 1968) but it does encompass ________ _________ (Texas v. Johnson, 1989, and United States v. Eichman, 1990).
War; Enemies, Aid, Comfort, two, Confession
TREASON AS DEFINED BY ARTICLE III, SECTION 3 OF THE CONSTITUTION Treason against the United States, shall consist only in levying ________ against them, or in adhering to their _________, giving them _______ and__________. No Person shall be convicted of Treason unless on the Testimony of _______ Witnesses to the same overt Act, or on _____________ in open Court. The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted
Marsh v. Chamber
The Supreme Court ruled in what case, 1983 that it was permissible for chaplains to open daily sessions of Congress and State legislatures?
13th, 14th
The _______ and ________ amendments have also added to the Constitution's guarantees of personal freedom.
A
The freedom to assemble and petition includes (a) the right of association. (b) the right to trespass on private property. (c) the right to demonstrate without prior notice. (d) all of the above.
time, place, manner
The government can make and enforce rules regarding the ________, _________, and _________ of assemblies
content neutral
The government's rules must be ___________ ___________. They can place restrictions of the basis of the time, place and manner of the assembly, but not on what the assembly is trying to say.
right of association
The guarantees of freedom of assembly and petition include a __________ _____ __________with others to promote causes. + The *freedom of association* also means that a State cannot force an organization to accept members when that association would contradict what the organization believes in.
10 Amendments; Bill of Rights
The listing of the general rights and liberties of the people can be found in the first _______ _____________ in the Constitution, also known as the _________ _____ ___________.
National Government; States
The most famous of the Constitution's guarantees (Bill of Rights) apply only to the ______________ _____________, not the government of the ___________
Free Exercise Clause
"...or prohibiting the free exercise thereof..."
Establishment Clause
"Congress shall make no law respecting the establishment of religion..."
9th
"The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people." describes what Amendment?
Suhhhhhhhh
*FEDERALISM AND INDIVIDUAL RIGHTS*
Establishment Clause Free Exercise Clause
*Freedom of Expression* What are the two guarantees of religious freedom?
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*INCORPORATION*
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*LIMITED GOVERNMENT*
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*OTHER ESTABLISHMENT CLAUSE CASES*
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*PRIOR RESTRAINT*
SUHHHHH
*PUBLIC PROPERTY*
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*RELIGION AND EDUCATION*
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*SECTION 1: THE UNALIENABLE RIGHTS*
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*SECTION 2: FREEDOM OF RELIGION*
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*SECTION 3: FREEDOM OF SPEECH AND PRESS*
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*SECTION 4: FREEDOM OF ASSEMBLY AND PETITION*
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*SYMBOLIC SPEECH*
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*Separation of Church and State: A wall of separation?*
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*THE FREE EXERCISE CLAUSE*
Lemon v. Kurtzman, 1971. nonreligious religion government
*THE LEMON TEST* The Lemon Test is based on what case? The purpose of the aid must be ____________. The aid can neither advance nor inhibit ________. Aid must not excessively entangle the ____________ with religion.
Suhhhhhh
*THE MEDIA* The relationship between the Freedom of Speech and Press Amendments and the Media:
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*THE MODIFYING EFFECT OF THE 14TH AMENDMENT*
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*The Free Exchange of Ideas*
Suhhhhhhhhh
*Time-Place-Manner Regulations*
trespass
The rights of assembly and petition do not give people a right to ___________ on private property
citizens
The rights that the Constitution guarantees to _________ are also limited
Civil Rights
The term __________ __________ is sometimes reserved for those positive acts of government that seek to make constitutional guarantees a reality for all people.
Prayers and the Bible
The use of __________ and the _________ in a religious way is not allowed in school or at school functions
1) The average person finds that the work appeals to "prurient interests" judging from contemporary standards 2) The work describes offensive sexual conduct that is specifically outlawed as obscene. 3) The work lacks serious value of any variety.
Three points of the Obscenity Test?
limited
Throughout the Constitution, the extent of governmental authority is strictly ____________
states
Until 20th century, Bill of Rights did not apply to __________
Church; government
___________ and ____________ are constitutionally separated from one another
Obscenity laws
_____________ ___________are enforced under the postal power (Article I, Section 8, Clause 7 of the Constitution).
Sedition; Seditious speech
______________ is the crime of attempting to overthrow the government by force, or to disrupt its lawful activities by violent acts. ___________ ___________ is speech that urges such conduct.
Gitlow v New York (1925)
14th Amendments due process clause raises question. Begins to apply after what case?
D
2. The 14th Amendment includes the (a) Bill of Rights. (b) Due Process Clause. (c) rights of an accused person. (d) all of the above
B
2. The government has the right to regulate all of the following EXCEPT: (a) timing of a demonstration. (b) content of a demonstration. (c) manner of a demonstration. (d) location of a demonstration.
C
2. The most regulated form of communication is (a) symbolic speech. (b) commercial speech. (c) radio and television broadcasts. (d) motion pictures.
B
2.) The Lemon Test evaluates (a) if a car has manufacturer's defects. (b) what aid is appropriate to give parochial schools. (c) when it is appropriate to salute the flag. (d) all of the above.
Evolution
A doctrine can not be preferred or prohibited according to its relation to a religious theory
1st; 14th
For many years, it was believed that the _______ and _______ amendment guarantees did not protect advertising.
8 Ministers Unemployment benefits
Free Exercise Upheld + The Court has found many government actions to be counter to the Free Exercise Clause. + Examples: - Amish children cannot be forced to go to school after grade ______ - __________ are allowed to hold elective office - _______________ ____________ cannot be denied to someone who quit their job because of religious beliefs
interfering in the exercise of any religion.
Free exercise clause guards against the government.....
Civil Liberties
are protections of citizens from unwarranted government action
Both Radio and Television Media
are subject to more government regulation than other forms of expression because they are transmitted by "public airwaves
Picketing
the patrolling of a business site by workers on strike, is a prevalent form of symbolic speech.
Symbolic speech
is expression by conduct
Commercial Speech
is speech for business purposes, usually advertising.
restricted
An example of such a rule is that public areas near schools and courthouses are ___________.
Establishment Clause
The Supreme Court has had to consider many _____________ __________ cases that involve religion and education
free press; prior restraint
The Supreme Court has held in several cases that the guarantee of _________ _________ does not allow the government to exercise _________ __________ on publication except in grave circumstances
Barron v. Baltimore, in 1833
The Supreme Court held that the Bill of Rights only restricts the National Government in what case?
Student Religious Groups
Are allowed to meet in the school on the same basis as other student organizations
persons, opinions, property
Civil Liberties are guarantees of the safety of __________, ___________, and ____________ from arbitrary acts of government.
civil liberties
In general, ____________ __________ are freedoms that need to be protected from government
mandated religion
Establishment Clause guards against establishing a ___________ __________
Freedom of Speech, religion, press, assembly, freedom from unreasonable search and seizure
Examples of Civil Liberties?
Right to due process, right to a trial by jury, right to legal counsel, right to vote, right to petition the government for a redress of grievances
Examples of Civil Rights?
expression, spoken, written, or communicated public affairs
Freedom of Speech and Freedom of Press guarantees are meant to: - Protect each person's right of free __________, whether ___________, ____________, or _____________ in any other way. - Protect all persons' right to a complete discussion of __________ __________.
Libel Slander Obscenity incite others to commit crimes
Freedom of Speech and Press do not protect: - __________: the false and malicious use of written words - ___________: the false and malicious use spoken words - ____________ - Words that.......
incorporation doctrine
Gitlow v New York (1925) case is first step in ______________ ______________
tax exemption
However, the government supports churches and religion in a variety of ways, including ______ ____________.
process of incorporation
However, to include rights under that heading, the Supreme Court had to define the rights on a case by case basis, called the _____________ _______ __________________
material
In Miller v. California (1973) the Supreme Court redefined obscenity as _________. . . + in which the major theme would be judged to appeal to indecent sexual desires by the average person applying "contemporary (current) community standards." + that shows in a clearly offensive way sexual behavior not allowed by state laws; and . . . + that is "lacking serious literary, artistic, political, or scientific value."
motion pictures
In Mutual Film Corporation v Ohio, 1915, the Supreme Court held that __________ __________ were a business, not a form of expression, and so were not protected under the freedom of expression guarantees. The Court reversed this decision in Burstyn v. Wilson, 1952
the Pentagon Papers
In New York Times v. United States, 1971, the government sought a court order to keep newspapers from printing "_______ ___________ __________" which had been stolen and leaked to the press. The Supreme Court found that the government couldn't show that the papers endangered national security enough to justify prior restraint of publication.
barring false and misleading advertisement, advertising illegal goods or services, and the promotion of tobacco products on the radio or television
In a handful of decisions in the 1970s, the Court held that advertising was protected, but not without exceptions. Exceptions include:
Freedom from religion
In effect the Establishment Clause is .......
freedom for religion.
In effect, the Free Exercise Clause is....
before; after
In most cases, the government cannot curb ideas __________ they are expressed. It can punish ideas _________ they are expressed
In Roth v. United States
In what case did the court ruled that obscenity was something "utterly without redeeming social value"?
Selective Corporation of Fundamental freedoms
Not all guarantees have been incorporated.......
travel
Not all rights are guaranteed to aliens, who are foreign-born residents or non-citizens. For instance, their right to _________ is often restricted
Miller v. California, 1973
Obscenity Test laid out in what case?
- Cox vs. New Hampshire, 1941 - Gregory v Chicago, 1969 - Madsen v. Women's Health Services, Inc., 1994, and Hill v. Colorado, 2000
Restrictions on the right to demonstrate: - the Supreme Court approved a State law requiring a license to hold a parade on a public street -: so long as demonstrators act peacefully, they cannot be held accountable for disturbances that arise because of their demonstration -: The Supreme Court approved laws creating buffer zones around abortion clinics and people going in and out of them
+ Lynch v. Donnelly, 1984 + County of Allegheny v. ACLU, 1989 + Pittsburgh v. ACLU, 1989
Seasonal Displays + — allowed the display of a nativity scene along with other nonreligious objects on public land + —prohibited an exclusively Christian holiday display + —allowed a multi-faith holiday display
C
Sedition means (a) the practice of espionage. (b) exercising treasonous practices. (c) attempting to overthrow the government by force. (d) blatant industrial espionage.
Confidentiality "shield laws" go on the two spaces
Since The Supreme Court found that the Constitution does not allow members of the news media to keep their sources confidential in a court of law, 30 states have passed _________ ________ to give reporters some protection against having to reveal their sources
conflict; the freedom of the press and the right to a fair trial
Sometimes, different rights ___________ with one another, such as what for example?
Aid to Parochial Schools "Lemon Test" goes in the two blanks
Th Supreme Court uses the ____________ ___________ to determine what public funding of church related schools is acceptable
Due Process Clause
The 14th Amendment's __________ ________ ___________ provides that no State can "deprive any person of life, liberty or property, without due process of law...".
accused; abortion
The 9th amendment has been used to protect rights as various as the rights of the ____________ to a woman's right to ___________ without undue interference by government.
"bill of liberties"
The Bill of Rights emphasis on limiting the powers of the National Government makes it arguably more a "________ ________ _______"
B
The Bill of Rights was ratified (a) with the Constitution. (b) in 1791. (c) in 1833. (d) in 1964.
assemble; views
The Constitution's Guarantees + The Constitution guarantees "...the right of the people peaceably to assemble, and to petition the Government for a redress of grievances." + The right to ____________, or gather with one another to express views. The right to bring _______ to the attention of public officials.
C
The Establishment Clause and the Free Exercise Clause protect (a) freedom of petition. (b) freedom of assembly. (c) freedom of religion. (d) all of the above.
possess rights that are not set out explicitly in the Constitution.
The Ninth Amendment states that the American people......
Civil Rights
describe governments responsibility to protect citizens
