gopo chap 15 – Flashcards
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this amendment's due process clause is credited with extending the bill of rights to the states
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14th amendment
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T or F- prayer in public schools cannot be endorsed by school officials
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true
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when a public figure or celebrity sues for libel, what must they prove to win?
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the statements printed were done so due to actual malice on the part of the publisher
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established the currently used definition of "obscenity"
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miller v california
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an example of speech protected by the first amendment
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hate speech
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today the supreme court tends to operate under _______ on regulation of speech
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the preferred position doctrine
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does lemon v kurtzman apply to speech?
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no
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is the lemon test a test to determine whether a law regulating protected speech is unconstitutional
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no
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a law is passed criminalizing the display of "hate speech" directed at gays and lesbians. based on ______ a court could strike down this law
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content neutrality
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what do the letters FOIA stand for
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Freedom of Information Act
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a group gets permission to hold a meeting with a guest speaker in a high school cafeteria. what would describe this type of forum?
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limited public forum
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to be subject to constitutionally approved laws or punishment "fighting words" must
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incite acts of violence
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the process of extending the protections of the bill of rights by means of the 14th amendment to apply to the actions of state governments
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incorporation
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the "free-exercise" clause protects...
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voluntary prayer by student groups before school
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as for the right to assemble, government cannot censor what can be said, but they can make regulations in regard to....
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the time, place, and manner must be reasonable
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a public high school auditorium would be an example of
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limited public forum
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the law requires the government agencies specifically to post public information on the internet
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electronic FOIA
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the "wall of separation" doctrine refers to the
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division of church and state
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the FCC fined Infinity Broadcasting for indecent remarks made by
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howard stern
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a city ordinance is passed forbidding the posting of religious bills. the law is struck down because
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the law is not content neutral
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i express criticism of the government peacefully in a public place and am later arrested and fined for seditious libel. what may have been violated?
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my civil liberties
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i have just been informed that all persons born during the month of may are being assessed a special tax just for being born in that month. if i challenge this law, what constitutional principle would i claim this violates?
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no bills of attainer
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unlike the first ten amendments of the constitution (bill of rights), the 14th amendment...
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limits the powers of the state governments
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T or F- the right to petition the government for a redress of grievances is one of the rights of the people listed in the original unamended constitution
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false
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the combination of various amendments of the bill of rights plus the 14th amendment to limit the powers of the states
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selective incorporation
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created the doctrine of "selective incorporation"
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gitlow v new york
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the supreme court has ruled the detainees in guantanamo bay are entitled to....
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due process, either military or civilian
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the constitutionally protected freedoms of all persons against governmental restrainst: the freedoms of conscience, religion, and expression, for example, which are secured by the first amendment
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civil liberties
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the constitutional rights of all persons, not just citizens, to due process and the equal protection of the laws: the constitutional right not to be discriminated against by governments because of race, ethnic background, religion, or gender
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civil rights
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the three rights of the people guaranteed in the original unamended constitution
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writ of habeas corpus
ex post facto law
bill of attainder
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court order requiring explanation to a judge why a prisoner is being held in custody
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writ of habeas corpus
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retroactive criminal law that works to the disadvantage of a person
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ex post facto law
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legislative act inflicting punishment, including deprivation of property, without a trial, on named individuals or members of a specific group
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bill of attainder
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the two "religious clauses" in the first amendment
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the establishment clause and exercise clause
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"congress shall make no law respecting an establishment of religion"
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the establishment clause
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"congress shall make no law prohibiting the free exercise of religion"
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free exercise clause
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the three evils the establishment clause was designed to avoid
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gov sponsorship of religion
gov financial support of religion
gov involvement in religious matters
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the three parts of lemon test
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1. a law must have a secular, nonreligious legislative purpose
2. it must neither advance nor inhibit (prevent) religion
3. it must avoid "excessive gov entanglement with religion"
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can have religious displays but not promoting
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endorsement test
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chief justice william rehnquist and justices antonin scalia and clarence thomas believed the constitution prohibits favoritism toward any particular religion but does not prohibit gov aid to all religions
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preferential test
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the more liberal justices usually maintained that there should be strict separation between religion and the state- no association with religion
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strict separation
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an instructor cannot lead a prayer in public school
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engel v vitale
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money gov provides to parents to pay their children's tuition in a public or private school of their choice
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vouchers
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a published defamation or false statements
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libel
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quality or state of work that taken as a whole appeals to ptutient interest in sex by depicting sexual conduct in a potently offensive way and that lacks serious literary artistic, political or scientific value
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obscenity
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words that by their very nature inflict injury on those to whom they are addressed or incite them to acts of violence
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fighting words
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advertisements and commercials for products and services
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commercial speech
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defaming, criticizing, and advocating the overthrow of government
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seditious libel
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four tests the courts use to determine if laws regulating speech are constitutional
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prior restraint-censorship before publication
void for vagueness-must be clear
least drastic means-may not pass a law that impinges of the first amendment freedoms if other, less drastic means are available
content and viewpoint neutrality- a law must concern all kinds of speech and/or views
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provide some protection for reporters from state court subpoenas
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press shield laws
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require gov agencies to open their meetings to the public and press
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sunshine laws
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makes the records of federal executive agencies available to the public, with certain exceptions
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FOIA
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requires most federal agencies to put their files online
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electronic FOIA
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public places historically associated with the free exercise of expressive activites ex: streets
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public forum
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available for assembly and speech for limited purposes, for a limited amound of time, and even for a limited class of speaker, can't be biased ex: school after hours
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limited public forum
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open to the public but not public forums ex: libraries
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nonpublic forums
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what defines obcenity?
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miller test
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what regulates broadcast media?
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the FCC
