question

Why was protecting religious freedom a major goal for the Framers?

answer

In colonial times, many people came to the American colonies for the freedom to practice their faith without the discrimination they faced in their home countries

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What two main guarantees regarding religion are protected by the First Amendment?

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Government cannot establish an official religion, nor can it prevent people from holding any religious beliefs they choose.

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Lynch v. Donnelly (1984)

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*the Supreme Court evaluated a Rhode Island display that included both religious and nonreligious symbols *the Court decided that the display did not intend to benefit a particular religion *acknowledging religion does not necessarily mean the government is promoting it

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establishment clause

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*the part of the First Amendment of the U.S. Constitution that declares that government cannot take actions that create an offi cial religion or support one religion over another

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Engel v. Vitale (1962)

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*New York school officials had written a prayer that public school students were asked to recite at the start of each day *the Court held that the prayer violated the establishment clause

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Lemon Test

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*A law must meet all three of the following standards in order to be found constitutional: -it must have a nonreligious purpose -its major effects must neither advance nor inhibit religion -it must not encourage "excessive government entanglement with religion"

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Wallace v. Jaffree (1985)

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*Alabama law requiring that the public school day begin with "silent meditation or voluntary prayer" *Lemon Test applied and found that the Alabama law had a religious purpose and was found unconstitutional

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Reynolds v. United States (1878)

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*case involved a Mormon religious practice called polygamy (marriage to more than one woman) *Court ruled that government could ban Mormon practice of polygamy

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free exercise clause

answer

*the part of the First Amendment of the U.S. Constitution that guarantees each person the right to hold any religious beliefs they choose

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Under the Freedom of Information Act, the federal government must release what?

answer

government documents - except for certain secret or private records - to the press and the public upon request

question

Why was the Minersville School District v. Gobius (1940) case reversed? (this case allowed a student to get expelled from public school for refusing to salute the American flag or recite the Pledge of Alligiance even when it violated the child's religious Jehovah's Witnesses beliefs)?

answer

the beginning of American involvement in WWII in 1941 made any refusal to salute the flag appear dangerously unpatriotic. Jehovah's Witnesses across the country were being physically assaulted

question

What are some reasons why the government can limit speech or printed material?

answer

*material that is judged obscene *businesses that practice false advertising *does not protect defamation *anything against National Security (to prevent treason or sedition)

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defamation

answer

*false statements about a person that cause harm to that person

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slander

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*a spoken defamatory statement

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libel

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*a defamatory statement that appears in print

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New York Times Co. v. Sullivan (1964)

answer

*the Court ruled that public officials have fewer legal protections against libel than do private citizens

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treason

answer

*the crime of making war against the United States or giving "aid and comfort" to its enemies

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Alien Enemies Act

answer

*the only one of the four Alien and Sedition Acts that remain today, which authorizes the president to deport resident aliens if their home countries are at war with the United States

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Sedition

answer

*a legal term for speech or actions that inspire revolt against the government

question

Alien and Sedition Acts

answer

*intended to protect the country from domestic dissent during a war *outlawed false scandalous and malicious statements about the U.S. government *Only one of the four acts remain today

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Schenck v. United States (1919)

answer

*established the idea that speech can be limited if it creates a "clear and present danger" of an outcome that government has a right to prevent

question

Smith Act

answer

*passed by Congress on the eve of he entry of the United States into WWII, that outlawed calling for the forceful overthrow of the United States

question

Federal Communications Commission (FCC)

answer

*grants licenses to those wishing to use the public airwaves *certain language and content are limited or prohibited

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Reno v. American Civil Liberties Union (1997)

answer

*the Court rejected a law that sought to regulate Internet pornography because users are NOT likely to encounter offensive content by accident

question

New York Times Co. v. United States (1971)

answer

*President Nixon tried to halt the New York Times publication of the Pentagon Papers *the Court ruled that the government had failed to prove a need for prior restraint and the papers were published

question

prior restraint

answer

*government action that seeks to prevent materials from being published

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Tinker v. Des Moines Independent Community School District (1969)

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*the Court ruled in Tinker that an Iowa school district could not prevent students from wearing black armbands to protest the Vietnam War

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symbolic speech

answer

*the communication of ideas through symbols and actions

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Texas v. Johnson (1989)

answer

*the Court ruled that burning the American flag as part of a political protest was a protected act of free speech

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Why are freedom of speech and freedom of the press so important in our democratic system?

answer

They allow citizens access to a wide range of ideas about politics and encourage discussion of government policies and active participation in government.

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DeJonge v. Oregon (1937)

answer

*Dirk DeJonge attended a peaceful meeting of the American Communist Party *The Court recognized the right to peaceably assemble as a basic civil liberty and incorporated it into the Fourteenth Amendment, making it illegal for state governments to deny this right

question

What are the purposes of the freedoms of assembly and petition?

answer

allows people to meet together, express their ideas and make their views known to the government

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Edwards v. South Carolina (1963)

answer

*187 African American students in South Carolina gathered to protest racial injustice in the state. They were arrested due to fear of bystanders being disorderly *the Court declared that the students had been denied their constitutional right *If an assembly is peaceful, the ruling said, it cannot be stopped simply because bystanders are disorderly

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freedom of association

answer

*the right to join with others, share ideas, and work toward a common purpose *does NOT appear in the First Amendment

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The constitutional provision preventing the use of any "religious test" for public office A) is found in the First Amendment. B) is found in Article III. C) prevents members of non-Christian religions from being elected to public office. D) reflects the Framers' concern that too many Roman Catholics might be elected to public office. E) is found in the Sixth Amendment.

answer

B

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Which of the following is not one of the five fundamental freedoms protected by the First Amendment? A. freedom of religion B. freedom from cruel and unusual punishments C. freedom of speech D. freedom of assembly

answer

B

question

In the First Amendment, the section that prevents the government from creating an official religion is called the? A. free exercise clause. B. prior restraint clause. C. discrimination clause. D. establishment clause.

answer

D

question

Which of the following court cases dealt with the issue of prayer in schools? A. Everson v. Board of Education B. Van Orden v. Perry C. Engel v. Vitale D. Lemon v. Kurtzman

answer

C

question

The __________ guarantees each person the right to hold any religious beliefs he or she chooses. A. free exercise clause. B. prior restraint clause. C. discrimination clause. D. establishment clause.

answer

A

question

When can the government limit the freedom of speech and of the press? A. when the printed material is obscene B. when the words are slanderous C. when the printed material is libelous D. all of the above

answer

D

question

Which of the following is not an example of symbolic speech? A. wearing a black armband to protest a war B. burning an American flag C. displaying a red flag D. publishing a list of corrupt public officials

answer

D

question

Which of the following situations is not protected by the First Amendment's rights of assembly and petition? A. a white supremacy rally held by the Ku Klux Klan in a public place B. an American Communist Party meeting that attracts over 1,000 attendees C. an Earth Force group meeting to discuss destroying homes larger than 2,000 square feet D. a meeting held by African Americans to stage a public protest against discrimination

answer

C

question

How can the government limit the right of assembly and petition? A. City officials can deny a group's petition to protest if most of the city's residents complain about the group. B. Government officials can place reasonable restrictions on the time, manner, and place of a gathering. C. Government officials can deny the right of assembly to a group if onlookers and bystanders might react violently to the group's message. D. none of the above

answer

B

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The establishment clause A) requires the adoption of an official American religion. B) erects a wall of separation between church and state. C) inhibits citizens' basic religious rights. D) provides citizens with the opportunity to obtain federal dollars to create or build churches, temples, or other houses of worship. E) provides an absolute right to freedom of religious expression

answer

B

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When secular law conflicts with religious beliefs, freedom of religion is A) suppressed. B) guaranteed by the Second Amendment. C) allowed, but only after a court order is obtained. D) always upheld. E) sometimes denied.

answer

E

question

The judicial doctrine that prevents government from prohibiting speech or publication before the fact is called A) a priori limitation. B) prior restraint. C) selective incorporation. D) the prohibition clause. E) libel.

answer

B

question

In New York Times v. United States, the Supreme Court ruled that A) libel and slander were constitutionally protected forms of speech. B) actual malice must be proved to support a claim of libel made by a public figure. C) prior restraint was constitutional. D) false or negligent speech was not protected by the First Amendment. E) newspaper reporters must divulge their confidential sources of information.

answer

B

question

True/False At times, the Supreme Court allows the use of hallucinogenic drugs in religious observances.

answer

True

question

True/False The first Supreme Court case dealing with symbolic speech was Stromberg v. California.

answer

True

question

Which test did the Supreme Court justices devise for free speech in Schenck v. United States (1919)? A) undue burden test B) clear and present danger test C) imminent lawless action test D) free liberty test E) None of these answers is correct.

answer

B Justice Oliver Wendell Holmes, Jr. created the clear and present danger test in this case. The imminent lawless action test replaced the clear and present danger test later in the twentieth century. The undue burden test deals with abortion and the right to privacy; the free liberty test is fictional.

question

Which amendment guarantees freedom of assembly? A) Fifth B) Second C) Eighth D) First E) Third

answer

D

question

Which Supreme Court case dealt with the publication of the "Pentagon Papers"? A) Schenck v. U.S. B) Fiske v. Kansas C) New York Times Co. v. United States D) Gitlow v. New York E) Gideon v. Wainwright

answer

C The controversy over the New York Times' publication of the "Pentagon Papers" was a landmark event during the Vietnam War.

question

What happened in Engel v. Vitale (1962)? A) The Supreme Court justices upheld the constitutionality of vouchers. B) The Supreme Court justices upheld the detention of enemy combatants by the government. C) The Supreme Court justices ruled unconstitutional the reciting of prayers in the public schools. D) The Supreme Court justices ruled unconstitutional the reciting of the Pledge of Allegiance in public schools. E) None of these answers is correct.

answer

C The Supreme Court justices ruled that voluntary non-denominational school-sponsored prayers were unconstitutional in Engel v. Vitale.

question

Which of the following is a real-world example of an action that the Supreme Court decided was a protected form of symbolic speech? A) the burning of a draft registration card by a Vietnam War protester B) blocking the entrance of an abortion clinic C) a newspaper publication of the "Pentagon Papers" D) the burning of the American flag in public E) the advocation of the overthrow of the U.S. government in a peaceful public assembly

answer

D The Supreme Court has generally protected symbolic speech. In 1989 it ruled that the symbolic burning of the American flag is a lawful form of expression.

question

________ is a written attack on a person's reputation. A) Libel B) Slander C) Obscenity D) Libel, slander, and obscenity are all terms for written attacks on a person's reputation. E) None of these answers is correct.

answer

A

question

Religious rights, including the right to free exercise and the protection against establishment of an official religion, are protected by the _____Amendment. A. Third B. First C. Eighth D. Fifth E. Second

answer

B

question

The judicial doctrine that prevents government from prohibiting speech or publication before the fact is called? A. prior restraint B. priori limitation C. selective incorporation D. libel E. the prohibition clause

answer

A

question

The Alien and Sedition Acts were? A. ruled unconstitutional by the U.S. Supreme Court because they violated the First Amendment B. designed to curb immigration C. intended to prohibit the publication of any false or scandulous writings against the United States D. passed to prevent public criticism of the Supreme Court E. laws prohibiting armed, civil rebellions against the federal government

answer

C

question

The Court formulated the clear and present danger test in? A. Roth v. U.S. B. Brandenburg v. Ohio C. Tinker v. Des Moines Independent School District D. Schneck v. U.S. E. Lemon v. Kurtzman

answer

D

question

The Supreme Court uses the ____test in dealing with religious establishment cases. A. Rodriguez B. equal access C. Lemon D. prurient interest E. Engel

answer

C

question

The establishment clause? A. provides citizens with the opportunity to obtain federal dollars to create or build churches, temples, or other houses of worship B. erects a wall of separation between church and state C. inhibits citizens' basic religious rights D. provides an absolute right to freedom of religious expression E. requires the adoption of an official American religion

answer

B

question

The difference between civil liberties and civil rights has often simplified to? A. "freedom to" and "freedom from" B. equality and equity C. "freedom of" and "freedom for" D. make them synonymous E. a carrot and a stick

answer

A

question

In New York Times v. United States, the Supreme Court ruled that? A. actual malice must be proved to support a claim of libel made by a public figure B. false or negligent speech was not protected by the First Amendment C. prior restraint was constitutional D. newspaper reporters must divulge their confidential sources of information E. libel and slander were constitutionally protected forms of speech

answer

A

question

The difference between libel and slander is that? A. libel is legal, and slander is illegal B. libel is written, and slander is spoken C. libel is spoken, and slander is written D. libel only occurs with public figures, and slander can occur with private individuals E. libel is illegal, and slander is legal

answer

B

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