Chapter 13 Review Flashcards
(37 cards)
Which act allows public high schools receiving federal funds to permit student religious groups to hold meetings in the school?
The Equal Access Act
What is one way some states have responded to Supreme Court rulings against school-sponsored prayer?
Moment of silence laws without mention of prayer
What is the definition of pure speech?
Pure speech is the verbal expression of thought and opinion before an audience that has chosen to listen.
Which constitutional test was developed in Schenck v. United States (1919) to examine free speech cases?
The “clear and present danger” rule
Why did the Supreme Court rule the law in Near v. Minnesota (1931) unconstitutional?
The law was unconstitutional because it involved prior restraint.
Which clause of the First Amendment is interpreted to mean a separation between church and state?
The Establishment Clause
In which case did the Supreme Court uphold a law allowing parents to deduct private school expenses from their state income tax?
Mueller v. Allen (1983)
What did the Supreme Court rule in Turner Broadcasting System, Inc. v. FCC (1997) regarding cable operators?
Cable operators are not entitled to maximum First Amendment protections.
What precedent was set by the Feiner v. New York (1951) case regarding police action during demonstrations?
The police may disperse a demonstration if it threatens public peace.
Which Supreme Court case established a three-part test to determine if government aid to parochial schools violates the Establishment Clause?
Lemon v. Kurtzman
What does symbolic speech involve?
Symbolic speech involves the use of actions or symbols to express opinions.
What did the Supreme Court rule in Richmond Newspapers, Inc. v. Virginia (1980) regarding press access to trials?
Trials must be open to the press and public except under limited circumstances.
Which of the following is considered a fundamental human right?
The Right to Life
Which of the following is a human right guaranteed by the Constitution?
The Right to Freedom from Torture
In which case did the Supreme Court rule that Amish parents could withdraw their children from public school after the eighth grade?
Wisconsin v. Yoder (1972)
What is the definition of prior restraint?
Prior restraint is the censorship of information before it is published.
How has the Supreme Court interpreted ‘due process’ in relation to the Bill of Rights?
Due process includes protections like search and seizure and the right to a lawyer
Which case concluded that patriotism could be achieved without forcing people to violate their religious beliefs, overturning a previous ruling?
West Virginia State Board of Education v. Barnette (1943)
What legal principle was established by the DeJonge v. Oregon (1937) case regarding the right to assembly?
The right to assembly is as important as the rights of free speech and free press.
What was the outcome of Gregory v. City of Chicago (1969) concerning the rights of protesters?
The Court overturned the conviction because the protesters were exercising their First Amendment rights.
What did the Supreme Court rule in Sheppard v. Maxwell (1966)?
Press coverage interfered with Sheppard’s right to a fair trial.
What was the ruling in Texas v. Johnson (1989) regarding flag burning?
The Court ruled that flag burning was protected symbolic speech.
What was the ruling in Adderly v. Florida (1966) concerning demonstrations on public property?
Demonstrators could not enter the grounds of a county jail without permission.
What was the significance of the Smith Act in Dennis v. United States (1951)?
The Smith Act made advocating the forcible overthrow of the government illegal.
