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GOV CH 13 TEST 2018

Mr. Stickler's Liberty Christian U.S. Gov. Ch. 13 Test Flashcards 2018

QuestionAnswer
What does the 14th Amendment provide for? 1.) Granted citizenship to all persons born or naturalized in the U.S.; 2.) Banned states from denying anyone of life, liberty, or property without due process of law, 3.) Banned states from denying anyone of equal protection under the laws. (Pg. 88)
List two (2) examples of ways that the Supreme Court has interpreted the words "due process". 1.) Protection from unreasonable searches and seizures; 2.) The right of the accused to have a lawyer. (Pg. 357)
What does the word "nationalization" mean? This term means that citizens who believe that a state or local authority has denied them their basic rights may take their case to a federal court. (Pg. 357)
What did the Supreme Court rule in the case of "Gitlow vs. New York? The Supreme Court ruled that freedom of speech is a basic right that no state government can deny to any person. (Pg. 357)
What does the "establishment clause" state? This clause states that "Congress shall make no law respecting an establishment of religion." (Pg. 359)
What does the "free exercise clause" state? This clause states that the government may not "unduly interfere" with the free exercise of religion. (Pg. 358)
What did the Supreme Court rule in the case of "Everson vs. Board of Education"? The Supreme Court ruled that New Jersey's law allowing the state to pay for busing students to parochial schools was Constitutional because it benefited students rather than aided a religion directly. (Pg. 359)
What does the term "parochial schools" mean? This term means "schools operated by a church or religious group". (Pg. 359)
What does the term "secular" mean? This term means "nonreligious". (Pg. 360)
What did the Supreme Court rule in the case of "Engel vs. Vitale"? The Supreme Court ruled that the prayer written for schools in New York by the New York Board of Regents was unconstitutional because "it is no part of the business of government to compose official prayers". (Pg. 361)
What does the term "precedent" mean? This term refers to decisions made on the same (Constitutional) issue in earlier cases. (Pg. 364)
What is the difference between "pure speech" and "symbolic speech"? "Pure speech" is the verbal expression of thoughts or opinions before a "willing audience". "Symbolic Speech" involves using actions and symbols, in addition to or instead of words, to express opinions. (Pg. 366)
What does the term "seditious speech" refer to? This term refers to "any speech urging resistance to lawful authority or advocating the overthrow of the government". (Pgs. 367 & 368)
What does the term "defamatory speech" refer to? This term refers to false speech that damages a person's good name, character, or reputation. (Pg. 369)
What is the difference between "slander" and "libel"? Both are types of defamatory speech, however, "slander" refers to spoken defamation while "libel" refers to written character defamation. (Pg. 369)
What is the "bad tendency" doctrine? This refers to the idea that speech can be restricted even if it had only a tendency to lead to illegal action. (Pg. 368)
What does the term "prior restraint" mean? This term refers to censorship of information before it is published. (Pg. 371)
What does the term "sequestered" mean? This term means "to keep isolated" as jury members are during a trial. (Pg. 373)
What are "shield laws"? These are "laws that give reporters some protection from having to disclose confidential sources in state courts. (Pg. 374)
What does the term "picketing" refer to? This term refers to "patrolling an establishment to convince workers and the public not to enter it". (Pg. 378)
What is the "clear and present danger doctrine"? This doctrine says that "when the speech in question clearly presents an immediate danger, the 1st Amendment does not protect it". (Pg. 368)
List the two (2) types of "defamatory speech" that we learned about in this unit. 1.) Slander (spoken); 2.) Libel (written). (Pg. 369)
What three (3) tests does the Supreme Court use to set limits on free speech? 1.) "Clear and Present Danger"; 2.) "Bad Tendency"; 3.) "Preferred Position".
What does the "Bad Tendency Doctrine" state? The Supreme Court ruled that speech could be restricted even if it had only a "tendency" to lead to illegal action. (Pg. 368)
What does the "Preferred Position Doctrine" state? This states that 1st Amendment freedoms are more fundamental than other freedoms because they provide the basis of all liberties. (Pg. 368)
List the four (4) measures a court can take to restrain press coverage in the interest of a fair trial. 1.) Move the trial to reduce pretrial publicity; 2.) Limit the number of reporters in the courtroom; 3.) Put limits on reporter's behavior in the courtroom; 4.) Isolate witnesses & jurors from the press; 5.) Sequester the jury until trial is over. Pg. 373
What three - part test does the Supreme Court use to determine if government aid to parochial education is constitutional? 1.) Aid must be clearly secular in purpose; 2.) Aid must neither advance nor inhibit religion; 3.) Aid must not involve "excessive government entanglement with religion". (Ch. 13, Sect. 2)
What is the Equal Access Act? This was a law passed by Congress in 1984 that allowed public schools who got federal funds to allow student religious groups to hold meetings in the school.
What was the Supreme Court's decision in the "United States vs. O'Brien" case? The Supreme Court ruled that "a government can regulate or forbid expressive conduct if the regulation, 1.) Falls within the government's constitutional powers; & 2.) Leaves open ample alternative channels of communication.
What was the Supreme Court's decision in the "Schenck vs. United States" case? The Supreme Court ruled that Schenck's actions - distributing leaflets that urged draftees to obstruct the war effort during WWI - were NOT protected by the First Amendment. His actions threatened the well-being of the nation at the time.
What was the Supreme Court's decision in the "Near vs. Minnesota" case? The Supreme Court ruled that Minnesota could NOT stop the publication of a magazine that had labeled some local political officials as "gangsters" and "grafters".
What was the Supreme Court's decision in the "New York Times vs. United States" case? The Supreme Court ruled that the United States could NOT stop the publication of a New York Times article that related to information pertaining to the U.S. government withholding information from the public.
What is the purpose of the Federal Communications Commission (FCC)? The purpose of this branch of the federal government is to regulate the actions of radio and television stations.
Created by: sticklerpjpII
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