Unit 1

Question 1

1st Amendment

Answer 1

Freedom of Speech, Religion, Press, Assembly, and Petitioning

Question 2

2nd Amendment

Answer 2

Right to bear arms

Question 3

3rd Amendment

Answer 3

Prohibits mandatory quartering of soldiers

Question 4

4th Amendment

Answer 4

Unreasonable search & seizures, searches w/o warrant

Question 5

5th Amendment

Answer 5

Protections from: Self Incrimination, Double Jeopardy. Establishes the concept of Eminent domain, Grand juries, and Due process

Question 6

6th Amendment

Answer 6

Accused are granted: speedy & public trial info on nature & cause of charges against them Confronting of witnesses against them Power to compel witnesses to testify Guaranteed the assistance of counsel

Question 7

7th Amendment

Answer 7

Allows for government to be the entity that settles disputes between private citizens through the courts and lawsuits

Question 8

8th Amendment

Answer 8

Prohibits Government from inflicting cruel and unusual punishment

Question 9

9th Amendment

Answer 9

Statse that people enjoy rights beyond those listed in the Constitution

Question 10

10th Amendment

Answer 10

Powers not specifically granted to the national government in the US constitution are left to the state government

Question 11

14th Amendment

Answer 11

Government must treat every citizen equally and the national, state & local government must follow the Constitution & Bill of Rights

Question 12

Civil Liberties

Answer 12

areas of social life including free speech, press and religion where the government is prohibited from intrusion or control.

Question 13

Texas v. Johnson

Answer 13

1989 Johnson set flag on fire protesting the policies of Reagan admin outside the Republican National Convention. Court interpreted that the freedom of speech, really means a freedom of expression. Established that safe flag burning was constitutionally protected symbolic speech.

Question 14

Tinker v. Des Moines School District

Answer 14

1969 Students were suspended for wearing black armbands to protest Vietnam War. Court ruled that suspensions were unconstitutional because of symbolic speech.

Question 15

Schenck v. U.S.

Answer 15

1917 Marxist passing our pamphlets that encouraged people to resist the draft and adopt communism during WWI Court ruled that even though he was exercising his right to free speech, his speech constituted a clear and present danger to others and could be banned.

Question 16

Clear and Present Danger

Answer 16

government can limit your civil liberties if the exercise of those liberties is potentially harmful to others.

Question 17

National Socialists Party v. Skokie

Answer 17

1977 Group of Nazi’s wanted to march through a Jewish neighborhood full of holocaust survivors. The city denied them a permit to do so because it could result in a violent response. Court ruled, using Hecklers Veto doctrine, maintained that the permit could not be withheld simply because the contact was insightful & distasteful.

Question 18

Phelps v. Snyder

Answer 18

2010 The members of WBC protested the funeral of a Marine Lance Corporal L. Snyder, who died in Iraq, posting outrageously critical statements about Snyder on it’s website and protested his funeral with shouts and awful signs. His parents sued for defamation and invasion of privacy. Court ruled that WBC’s actions were protected by the 1st Amendment, as long as WBC was protesting actions & agents of the government or the social establishment, their disturbing actions were protected. Case was dismissed.

Question 19

Free Exercise Clause

Answer 19

The government cannon restrict one from practicing their faith/religion.

Question 20

Establishment Clause

Answer 20

The government cannot establish or endorse one religion or denomination over another.

Question 21

Lemon v. Kurtzman

Answer 21

1971 Rhode Island & Pennsylvania had tax dollar funded programs to supplement the salaries of teachers at religious K-12 private schools. Court found that PA. and RI. did violate the establishment clause. Established the Lemon Test.

Question 22

Lemon Test

Answer 22

Test for approving government support of religious institutions. Funded actions must have a secular purpose not advance of impede religion avoid excessive entanglement with religious activities

Question 23

Federal Communications Commission (FCC)

Answer 23

Federal agency responsible for regulating the media and deciding what contact is appropriate on TV & radio.

Question 24

Freedom of Info. Act (FIOA)

Answer 24

Act that mandates that all government documents be made available to citizens upon request. Issues dealing with personnel or national security are exempt.

Question 25

Open Meetings Act

Answer 25

Act that mandates that all government meeting and meeting documents be open & available to the public. Meetings dealing with personnel or national security are exempt.

Question 26

Defamation

Answer 26

Unsubstantiated statements about an individual through slander or libel that harm someone's reputation or cause them economic harm.

Question 27

Slander

Answer 27

spoken word

Question 28

Libel

Answer 28

written word

Question 29

Public Figures Doctrine

Answer 29

Allows public figures to be ridiculed or even lied about with little recourse, mainly because they chose to be public figures.

Question 30

Prior Restraint

Answer 30

When government prohibits an action before it occurs. Generally regarded as unconstitutional.

Question 31

NYTimes v. U.S. (Pentagon Papers)

Answer 31

1971 NYTimes obtained info through a leak that the war effort in Vietnam was going a lot worse than most people realized. Court ruled that Prior Restraint can only be used temporarily if it is demonstrated that info will cause direct harm to troops in the field. Request rejected.

Question 32

McDonald v. City of Chicago

Answer 32

2010 Chicago city council passed a ban on possession and sale of hand-guns and assault weapons Court struck down the ban as unconstitutional because it violated the 2nd amendment.

Question 33

Symbolic Speech

Answer 33

non-verbal expression that is protected by the 1st amendment.