Gov Chapter 5

Marsh v. Chambers (1983)
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Wisconsin v. Yoder (1972)The Court ruled that Wisconsin could not require Amish parents to send their children to public school beyond the eighth grade because it would violate their religious beliefs.Sherbert v. VernerThe Supreme Court ruled that disqualifying Sherbert, a Seventh-Day Adventist, from receiving unemployment benefits violated the free-exercise clauseReynolds v. USCourt ruled that one cannot use religion as a defense to the crime of polygamy. Court ruled that religious practices that impair the public interest do not fall under the First Amendment.Conscientious objectorPerson who refuses to enter the military or bear arms due to moral or religious reasonsMinersville School District v. GobitisTwo children were expelled for not saluting the American flag at school due to being Jehovah's Witnesses. Result: SC ruled that the salute does not infringe on liberties protected by the 1st and 14th. The flag salute promotes national unity.WV Board of Education v. BarnetteGoes against Minersville School District v. Gobits ruling. Cannot force students to say the pledge, first amendment violation. Cannot force citizens to carry out patriotic ceremonies.Lemon v. KurtzmanThe 1971 Supreme Court decision that established that aid to church-related schools must (1) have a secular legislative purpose; (2) have a primary effect that neither advances nor inhibits religion; and (3) not foster excessive government entanglement with religion.Can schools prohibit the teaching of evolution?No, this promotes CreationismAre moments of silence allowed in schools?No, this is an implied prayerMcCollum v. Board of EducationNot allowed to use public facillities for religious purposes. Separation between church and state.Zorach v. Clauson (1952)States may allow students to be released from public schools to attend religious instructionWhat is pure speech?Communication by the spoken word aloneWhat is speech plus action?Speech combined with some sort of actionWhat is symbolic speech?Actions and objects replace words in conveying ideas or emotional appealsWhy is "picketing" a controversial form of speech plus?If given the right circumstances, picketing can go from peaceful to violentUS vs. O'Brien (1968)Burning a draft card is not exercising freedom of speech; three part test, called the O'Brien test, was instituted - determined if the government is justified to warrant infringement on the 1st AmendmentTinker v. Des Moines (1969)Public school students may wear armbands to class protesting against America's war in Vietnam when such display does not disrupt classesWhat is Justice Holmes famous quote?"The most stringent protection of free speech would not protect a man falsely shouting "fire" in a theater and causing a panic"What is sedition?Words that stir up rebellion or advocate overthrowing the governmentWhat is political criticism?The right to criticize the government and public officialsWhat is defamation?The general term for attacks on another's good name and reputationWhat is slander?Spoken defamation, public speech or radioWhat is libel?Written defamationNew York Times v. Sullivan1964; established guidelines for determining whether public officials and public figures could win damage suits for libel. To do so, individuals must prove that the defamatory statements were made w/ "actual malice" and reckless disregard for the truth. Valid criticism of public officials is a legitimate use of free speech. Should be sued for "good faith".Carol Burnett v. National Enquirer- Enquirer knowingly published false story about Burnett's actions in DC. Ruled that reporter showed a "reckless disregard for the truth".Chaplinsky v. New Hampshire(1942) The Court ruled that the first amendment did not protect "fighting words"What is the basic history of freedom of the press and censorship?The basic principle of freedom of the press grew up in England and the American colonies to protect newspapers and books from government censorship.Near vs. Minnesota (1931)The Supreme Court decision holding that the First Amendment protects newspapers from prior restraint.What are the two instances SCOTUS might allow prior restraint?National security and domestic violence.New York Times v. USThe President argues that the publication of the Pentagon Papers is in violation of executive privilege. Result: The barring of the publication of these papers is in violation of the 1st A. The government had failed to justify prior restraint by proving there was a serious harmHow did the laws on seeing the change from Miller vs. California to Pope vs. Illinois?Instead of local courts setting the standards, national standards will be used.What is the FTC?Federal Trade CommissionYates v. US(1957) distinguished between urging people to believe and urging people to do and established "clear and present danger" to free speechBrandenburg v. Ohio (1969)Speech that does not call for illegal action is protected, and even speech that does call for illegal action is protected if the action is not "imminent" or there is reason to believe that the listeners will not take actionScenk v USUrging people to evade the military draft is not free speech because it goes against espionage act. There is a clear and present danger. Danger to the public welfare outweighs the freedom of speech.Where can citizens peacefully assemble?Public places supported by tax dollarsWhat are fighting words?Words that "by their very utterance inflict injury or tend to incite an immediate breach of peace"What is censorship?Restricting access to ideas and informationWhat is prior restraint?Government action that seeks to prevent materials from being publishedIs obscenity protected by the First Amendment?Obscenity is NOT protected by the First Amendment, so it can be enjoined before distribution OR punished afterward.What are the three criteria to come from the Miller Vs. California case?1. Appeal to local Tarp's prurient interest 2. Offensive sexual conduct 3. "LAPS" testWhat is LAPSLiterary, Art, Political, ScientificHow are movies censored?They were censored at first but now the industry self rates filmsWhat is the Freedom Information ActOpened access for certain government recordsSunshine lawsLaw requiring agency meetings and decision-making process to be open to the public. One way of making agencies more accountable to Congress and the public.What are the shield lawsa law that protects witnesses from revealing certain information, especially in court.What places are not allowed for protest?Jails, malls, courthouses, and schoolsIs loitering legal?NoWhat is a heckler's veto?It means that speech angering a crowd is protected, and it is illegal to remove a heckler. The crowd cannot create the veto, hence the name.Feiner v. New York (1951)Arresting unpopular speakers is generally not okay unless they cause a "clear and present" danger in the streetsGregory vs. ChicagoDemonstrators were charged with disorderly conduct, but SC overturned because the demonstrators were exercising their constitutional rights while the bystanders had been the ones causing all the disorderSkokie v. IllinoisCourt ruled a Nazi group could walk through a Jewish area because it is a content based restriction, but they cannot wear military style uniforms or hand out "hate literature"