Freedom of Speech
Can a school force a student to salute to the flag?
No. West Virginia v. Barnette said it is unconstitutional to compel individuals to engage in involuntary expression.
What are the two rights in the First Amendment that deal with religion?
1. Right to no establishment of religion (Establishment Clause)
2. Right to freedom of religion (Free Exercise Clause)
Is this protected free speech? A student wants to challenge the school’s dress code that prohibits students from wearing crop tops in school.
No!
What is a frisk?
A frisk is a search in which the officer only pats down the outside of your clothing. The officer performing the frisk cannot reach into pockets or ask you to remove any clothing.
True or False: The First Amendment protects your rights against everyone, including private employers, and teachers at both public and private schools.
False
Fraser's punishment for his school assembly speech was constitutional because...
It was lewd, offensive, and disruptive to the school's basic educational mission.
This test is used to determine whether a government practice violates the Establishment Clause.
The Lemon Test
A challenged government practice must:
Have a primarily secular (not religious) purpose;
Have a primarily secular effect; and
Avoid “excessive entanglement” with religion.
Is this protected free speech? A text message criticizing a public official.
Yes!
What is the standard that officers must meet to obtain a search warrant?
Probable cause
When a superior court AGREES , they will ___ the lower court's ruling. When the superior court DISAGREES, then they will ___ the lower court's ruling.
Affirm. Reverse.
Is wearing "I <3 Boobies" bracelets protected speech under the First Amendment? Why?
Yes. It is only ambiguously lewd instead of plainly lewd, and it has a social purpose since it raises awareness for breast cancer.
What was the original constitutional problem in public schools that was found to be a violation of the Establishment Clause?
Organized school prayer
Is this protected under the Establishment Clause? The recitation of a daily prayer before class starts.
No!
The Fourth Amendment only prohibits searches and seizures that are ________.
Unreasonable
Name five current SCOTUS justices.
Chief Justice Roberts, Thomas, Breyer, Alito, Sotomayor, Kagan, Gorsuch, Kavanaugh, Coney Barrett
Tinker tells us that school officials must prove that the speech would _____ with the operation of the school.
Materially and substantially interfere
Ten Commandments
Is this constitutional? A school principal censors a school newspaper for reasonable educational purposes.
Yes! Hazelwood.
What are the three requirements to obtain a search warrant?
Probable cause that a crime is being committed or has been committed;
Particularity; and
Oath or affirmation.
Name the three standards of judicial review from highest to lowest.
1. Strict scrutiny
2. Intermediate scrutiny
3. Rational basis scrutiny
Why did the court say that a school policy mandating Karr to cut his long hair was not a violation of his First Amendment rights?
It was not sufficient communicative content to warrant First Amendment protection. His long hair was a personal choice not a message.
In Wisconsin v. Yoder, the State, in support of its compulsory-attendance law, argued that 'education is necessary to prepare citizens to be self-reliant and participate in society.' How did the Court/Amish community argue against this statement?
Court says that one or two years of high school education is not proven to be any better than the Amish informal vocational education. The Amish have been productive and law-abiding members of society.
There is a history of racial violence among the student population at a public high school. Students at that high school begin to walk out of the classroom during the Pledge of Allegiance and are subsequently suspended by the school. What is the school's argument?
Suspensions are not violations of the student's rights because there is a history of violence and it has materially and substantially interfered with the school.
What is the balancing test described in Veronia School District 47J v. Acton (the drug testing case)?
The reasonableness of a search is judged by balancing the government intrusion of the individual’s 4th Amendment right against the promotion of legitimate government interests.
List all of the rights in the First Amendment. (GRAPES)
Right to petition for a redress of Grievances
Right to no establishment of Religion
Right to peaceful Assembly
Freedom of the Press
Freedom of religious Exercise
Freedom of Speech