Civil Liberties-1st amendment
About this set
Created by:
admiral1111 on May 3, 2012
Subjects:
Log in to favorite or report as inappropriate.
Order by
56 terms
Terms | Definitions |
|---|---|
 You have the right to do as you please as long as it does not_________? | Infringe on the rights of others |
| Rights of the people are_________, not absolute | relative |
| What was the religion founded in 1975 in Miami that went to court over Marijuana issues? | Ethiopian Zion Coptic |
| What are the 5 freedoms under the first amendment? | Speech Press Assembly Petition Religion |
| What does congress say about the freedom of religion? | Congress shall make no law respecting the establishment of religion OR prohibiting the free exercise thereof |
| What are the two clauses in the constitution about freedom of religion and what do they say? | Free exercise clause-Congress cannot hurt a religion Establishment clause-Congress cannot help a religion |
| What is the Bedrock of one of the core values of American democracy? | Separation of Church and State |
| Name the 6 establishments clause cases covered in class and give the year it took place. | 1. Engle v. Vitale (1962) 2.Abington school district v. Schemp (1963) 3. Stone v. Graham (1980) 4. Wallace v. Jaffree (1985) 5. Santa Fe independent school district v. Doe (2000) 6. Lemon v. Kurtzman (1971) |
| What did the case Engle v. Vitale deal with? | Prayer in New York Schools |
| Who wrote the 22 word prayer that stirred up trouble causing Engle v. Vitale? | The Board of Regents in New York |
| What did Abbington school district v. Schemp deal with? | Reading the Bible in school |
| What did Stone v. Graham deal with? | The posting of the 10 commandments in a classroom |
| What did Wallace v. Jaffree concern? | A moment of silence during school used for "meditation or voluntary prayer" |
| What did Santa Fe Independent School district v. Doe concern? | Student led prayer at a football game |
| What does the equal access act of 1984 do? | Congress declares that public high schools that receive federal money (almost all do) must allow student religious groups equal access to school facilities as it is with all other groups |
| What "test" arose from a Lemon v Vitale in 1971 and what are the 3 parts of the test? | the Lemon test • The purpose of the aid must be secular (not religious) • Purpose of the aid must not enhance or inhibit religion • The aid must avoid an "excessive entanglement of government with religion" |
| What are the 5 cases dealing with the free exercise clause covered in class and what were their years? | 1. West Virginian Board of education v Barnette (1943) 2. Bunn v. North Carolina (1949) 3. Goldman v. Weinberger (1986) 4. (Employment division of) Oregon V. smith (1990) 5. Lukimi Babalu Aye v. City of Hialeah (1993) |
| What did West Virginian board of education v Barnette deal with? | The saying of the pledge of allegiance in the morning. |
| What religion were the Barnette children? | Jehova's witnesses |
| What did Bunn v. North Carolina deal with? | a religion using poisonous snakes for religious rituals (most likely sacrificing) |
| What did Goldman v. Weinburger deal with? | An orthodox Jew wearing a yarmulke while on duty in uniform |
| What did (Employment division of) Oregon v. Smith deal with? | using Peyote, divine cactus as a religious ceremony. One must abide by laws no matter what religion |
| What did Lukimi Babalu Aye deal with? | prohibiting the use of animals in sacrifices for the Santeros, it violated the first amendment's free exercise clause because it was only targeted at them |
| What are the 4 forms of expression not protected in the constitution? | 1. Libel 2. Slander 3. Obsenity 4. clear and present danger expression (seditious speech) |
| What are the two purposes of freedom of speech? | 1. to say what you want 2. to hear what you want |
| Name the 6 freedom of speech and symbolic speech cases and state their year. | 1. Schenck v. USA (1919) 2. Tinker v. Des Moines school district (1969) 3. Miller v. California (1973) 4. Texas v. Johnson (1989) 5. City of Erie v Paps A&M (2000) 6. Virginia v Black (2003) |
| What did Schenck v usa deal with? | Schenck handed out pamphlets to people waiting in line for WWI draft saying not to draft, he was convicted uner the espionage act and there was a "clear and present danger"--words can be weapons |
| which supreme court case dealing with freedom of speech and symbolic speech is the "poster" case for the 20th century? | Tinker v. Des Moines school district |
| What did Tinker v. Des Moines school district deal with? | High schoolers wearing black arm bands to protest the Vietnam war, |
| What was the name of the Tinker girl who was suspended from school because of the black arm band? | Mary Beth Tinker |
| Which case set the tone that "It can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at schoolhouse gate" | Tinker v. Des moines school district |
| What was the case Johnson v. Texas about? | The burning of the American Flag |
| Why did Johnson from Johnson v. Texas burn the flag? | In protest of the Reagan Administration |
| What was Miller v. California about? | Obscenity |
| What are the 3 parts to the test for determining obscenity? | • Does the material appeal to prurient interest • Is the material patently offensive • Does the material lack serious literary, artistic, political, or scientific value |
| What was the final ruling on Johnson v. Texas and by how much? | Burning of the flag is Legal and (5-4) |
| What did City of erie v. Paps A&M deal with? | Nude dancing at a tavern |
| What was the name of the tavern from Paps A&M? | Kandyland |
| What did the court conclude from the case of Paps A&M? | that they sided with the city of Erie, the law did not aim against the expression, dancing, it was aimed after the means of expression-nude dancing |
| What did Virginia V. black deal with? | the burning of a cross in public |
| When is the burning of a cross protected by the 1st amendment? | if it is for symbolic purposes, not for intimidation |
| What was the trial of John Peter Zenger about? | "Libel" toward the New York Governor in Colonial New York |
| What are the 2 purposes of the freedom of the press? | -to read what you want -to write what you want |
| What are the 3 freedom of the press cases? | 1. New York Times v. sullivan (1964) 2. New York Times v. USA ("Pentagon papers") (1971) 3. Hazelwood school district v. Kuhlmeier (1988) |
| What happened in the case New York Times v sullivan? | A public official in Montgomery sued the New York times for posting wring information about Martin Luther king, |
| What was the error in the New York times about MLK? | they wrote he was arrested 7 times, when he was only arrested 4 times |
| What was the supreme court ruling for the New York times v sullivan case? | the supreme court ruled with the New York times, because it was not meant Maliciously |
| o What are the grounds for a private citizen suing a newspaper for libel? | A private citizen would have to show that the newspaper acted with reckless disregard for journalistic standard |
| What did the Pentagon papers case establish? | How much info one can release |
| What is the name of the guy who stole the papers? | Daniel Ellsburg |
| What did the supreme court rule in the Pentagon papers case? | o The supreme court (6-3) reminded the government that reports in the pentagon papers are a history that is already known to the enemy |
| What did the department of justice do after the trial? | Prosecute him for actually stealing the papers |
| Why did Ellsburg receive a mistrial? | because Nixon Pushed John Erlichman(his assistant) to charge him on more than one account. |
| What was Hazelwood school district v. Kuhlmeier about? | 2 stories from a high school newspaper that were removed |
| What were the two stories about from Hazelwood school district v. Kuhlmeier? | One was of a pregnant student and the other was of a student whose parents were having a divorce |
| What is the long quote from the last slide of Hazelwood v Kuhlemeier? | o Educators did not offend the first amendment by exercising editorial control over the content of student speech so long as their actions were reasonably related to legitimate pedagogical concerns |
First Time Here?
Welcome to Quizlet, a fun, free place to study. Try these flashcards, find others to study, or make your own.