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Chapter 5 question

deb shelton test 12-9-14

QuestionAnswer
List Amendment Rights (List) Freedom of Speech, Freedom of Religion, Freedom of the Press, Right to petition the Government, Right to assembly
According to the Declaration of Independence, governments exist for what reason? secure our rights
How do civil rights guarantees illustrate the principle of limited government? rests on the principle that government has only those powers the sovereign people have given to it.
Why does no person have an absolute right to do as he or she pleases? so they don't interfere with the rights of other individuals
Against whom do the first Amendment rights apply? Almost everyone
What is the Establishment Clause? Federal government will not promote one religion over the other
Does it provide for a complete separation of church and state? No, EX1: No taxes on churches neither the property they own nor contributions, EX2: Most public officials take their oath of office in the name of God
What is the Free Exercise Clause? Guarantees the right to believe what you want to believe. No arbitrary interference by the government.
What is the basic shape of the right it guarantees? 1. Upheld vaccination laws for school children, 2. Child labor laws applies to religious groups
Why does the Constitution guarantee freedom of expression? Every person has the right to have a say, and every person has the right to hear what others have to say
The rights of free speech and press are especially intended to protect the expression of what views? unpopular views
May government impose a "prior restraint" on speech, writing, or other forms of expression? after it is made.
List three ways the government impose "prior restraint" on written expression war, obscenity, and enacting violence
List the three "tests" used to determine if material is obscene or not. 1. If average person in community excites to lust, 2. Work is obviously offensive, 3. The entire work lacks literary, artistic, political, or scientific value
How are movies entitled to constitutional protections 1. rates film for public, 2. protect by 1st and 14th Amendments
List the ways radio and TV programs are monitored by the federal government 1. Regulated by the FCC, 2. Public airways are public property and licensed by federal government, 3. Content isn't censored and could be fined
What is sedition? incitement of resistance to lawful authority
Is it constitutionally protected? No, but in peacetime it is relaxed
How does it differ from espionage, sabotage, or treason? Those 3 are forms of conduct and action, sedition is the spoken or written word
What is the "clear and present danger rule"? words that are perceived to lead to criminal acts can be outlawed or punished
What is the Smith Act? forbids any person to teach or advocate the violent overthrow of the US government
What is the McCarran Act? Register all communists and their organizations
What is the Communist Control Act? Conspiracy to overthrow the government
How effective are those laws today? Ineffective because the Cold War is over
What does the constitutional guarantee of freedom of assembly and petition intend to protect? Intended to protect right of people to express views and bring to the attention of public officials
May government ever regulate the rights of assembly and petition? yes, to bring order and peace
Why do most demonstrations take place in public places? they want to bring their message to those who may not be aware of it
Why do they almost always involve some degree of conflict? clash of ideas or to protest something
Does the Constitution guarantee a right to demonstrate on private property? No, cannot trespass on private property
Created by: a.allsup
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