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Government Chapter 19
Terms in this set (30)
Bill of Rights
A statement of fundamental rights and privileges (especially the first ten amendments to the United States Constitution)
Constitutional freedoms guaranteed to all citizens
Due Process Clause
14th amendment clause stating that no state may deprive a person of life, liberty, or property without due process of law
Process of Incorporation
The process of incorporating , or including, most of the guarantees in the Bill of Rights into the 14th amendment's Due Process Clause
Clause in the First Amendment that says the government may not establish an official religion.
Free Exercise Clause
A First Amendment provision that prohibits government from interfering with the practice of religion.
Censorship imposed before a speech is made or a newspaper is published; usually presumed to be unconstitutional.
An act that conveys a political message.
To gather with one another in order to express views on public matters.
Right of Association
The right to associate with others to promote political, economic, and other social causes.
Symbolic speech doesn't belong because all the others deal with either violence or lies. Symbolic speeches communicate ideas through body language.
Right of Association
Right of association doesn't belong because it is not a protection, its simply a right.
Bill of Rights
Free Exercise Clause
Prior restraint doesn't belong because it is not a constitutional right/guarantee.
Picketing doesn't belong because it is dealing with a negative aspect while all of the others are positive.
(a)Why was there an outcry when the constitution did not originally contain a general listing of the rights of the people?
(b) How was it remedied?
(a)Because it didn't include a general listing of the people's rights.
(b) It was remedied by creating the Bill of Rights
How does federalism affect the guarantees of individual rights?
Government cannot deny basic rights to people.
(a) Explain this statement: Rights are relative not absolute.
(b) What happens when rights conflict?
(a) Some rights tell us that we have them but we don't always have them like it says we do.
(b) Mediation is needed to find a fair resolution.
How does the due process clause of the 14th amendment affect the guarantees in the Bill of Rights?
The rights cannot be denied in the bill of rights because of the due process clause.
What does the establishment Clause say that the government cannot do?
Establish a religion for the entire world.
Describe three Establishment Clause issues regarding education that the supreme court has addressed.
Abington School District v. Schempp~ Struck down a law in PA where every school day began with the lords prayer and reading from the bible.
Murray v. Curlett~ Similar case to ^^^^
Wallace v. Jaffree~ Provided a one minute period of silence for "meditation or voluntary prayer" at the beginning of each school day.
What are three elements of the lemon test?
1) The purpose of the aid must not be religious.
2) Its primary effect can't advance or inhibit religion.
3) Must avoid "excessive entanglement of government with religion."
Describe three constitutional limits on the free exercise of religion.
Require a permit for a religious parade, draft them into the military, or organizations that enlist children to sell religious materials must obey child labor laws.
What are two elements of the free exchange of ideas, and why are they both important in a democracy?
They are tied to a specific context and are often accompanied by a consistent gesture.
Briefly explain how the Supreme Court has limited (a) Slander and Libel (b) Sedition Speech and (c) Obscenity.
(b)The Supreme Court has generally refused to give obscenity, slander libel and seditious speech any protection under the First Amendment.
What has generally been the Supreme Court's attitude toward prior restraint?
Supreme Court decisions over the past 75 years clearly support the presumption of the unconstitutionality of prior restraint
(a) What is the press argument in favor of shield law?
(b) How has the Supreme Court generally responded to press confidentiality issues?
(a) A law that protects journalists from being compelled to reveal confidential sources of information
(b) The Supreme Court generally responds to press confidentiality issues by deferring or deflecting them. In most cases, the Supreme Court does not want to respond to issues of press confidentiality.
Why can radio and television be regulated more strictly than other kinds of press?
Radio and television are monitored by the FCC. The censorship was enacted based on parental complaints.
Describe briefly one case in which the Supreme Court upheld a restriction on symbolic speech and one case where it struck down a restriction.
The Brandenburg v. Ohio U.S. Supreme Court decision maintains that seditious speech — including speech that constitutes an incitement to violence — is protected by the First Amendment to the United States Constitution as long as it does not indicate an "imminent" threat.
Describe the time, place, and manner limits that the government can put on freedom of assembly.
Laws may be set by government requiring permits for an assembly that designate where, when and maximum number of people allowed as a matter of public safety.
(a) What is the right of association?
(b) Since it is not expressly granted in the constitution what is the origin of this right?
(a) Right of Association (Agriculture) Convention is an International Labor Organization Convention.
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