Government Chapter 13 Test Questions – Flashcards
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citizens
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persons born or naturalized in the us
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incorporation
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process of extending the bill of rights to the states
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human rights
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basic freedoms
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fourteenth amendment
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guarantees due process
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bill of rights
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first 10 amendments
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of his or her state of residence
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according to the fourteenth amendment a naturalized citizen is a citizen of the us and a citizen
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bill of rights
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this guarantees that government cannot abuse the rights of individuals
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federal government
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as originally adopted the bill of rights restricted the power of
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freedom of speech
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gillow v. ny nationalized the fourteenth amendment over this issue
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nationalization
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this allows citizens who believe a state has violated their basic rights to take their cases to a higher court
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establishment clause
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first clause of the first amendment
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free exercise clause
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second clause of the first amendment
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article IV
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prohibits religious qualification to hold office
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everson v. board of education
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challenged aid to parochial schools
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abridge
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limit
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first amendment
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thomas jefferson believed this builds a wall of separation between church and state
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require the recitation of a prayer
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in engel v. vitale the SC ruled that it is unconstitutional for a public school to
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equal access act
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this allows student religious groups to meet in high schools receiving federal funds
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secular textbooks
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in the board of education v. allen the SC upheld state programs to provide these to parochial schools
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flag salute cases
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these cases illustrate how the SC can change its interpretation of the constitution
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unprotected speech
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words that create a "clear and present danger"
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protected speech
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unpopular ideas
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slander
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spoken defamatory speech
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libel
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written defamatory speech
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"fighting words"
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provoke immediate violence
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pure speech
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the verbal expression of thought and opinion before an audience
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symbolic speech
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expression involving actions and symbols
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seditious speech
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this urges resistance to lawful authority or advocates the overthrow of government
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preferred position doctrine
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this holds that first amendment freedoms are more fundamental than other freedoms
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student speech
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the hazelwood school district v. kuhlmeier case gives school officials authority to regulate
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prior restraint
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censorship of info before publication
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near v. minnesota
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defined SC's position on censorship
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ny times v. us
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SC refused to halt publication of pentagon papers
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fcc
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regulates radio and television
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gag order
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bars press from publishing certain info
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shield laws
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give reporters protection against being forced to disclose confidential info
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cable operators
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have more first amendments protection that broadcasters, but less than newspapers
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right to a fair trial
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in sheppard v. maxwell, the SC overturned a conviction because press coverage of defendant's case violated this
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internet
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in reno v. american civil liberties union the SC ruled that this was closer to print media than to broadcast media
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advertising
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this is considered commercial speech and is given less protection under the first amendment
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freedom of assembly
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right to parade and demonstrate in public
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cox v. new hampshire
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allowed communities to require parade permits
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smith act
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outlawed advocating the violent overthrow of government
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picketing
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labor union's right
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dennis v. us
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upheld a conviction based on the "clear and present danger" test
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freedom of assembly
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without this basic freedom there would be no political parties
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heckler's veto
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holocaust survivors in skokie illustrated a free speech and assembly problem called the
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feiner v. ny
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this case stands as a precedent that police may disperse a demonstration to keepy the peace
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picketing a business
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unless there is a labor dispute the SC has upheld laws that prohibit
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smith act
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this was used by the SC to uphold the conviction of 11 american communist party leaders