Freedom of Speech
Explain why the Court protected a person wearing an anti draft shirt as symbolic speech and not someone inciting others to burn Draft cards
What is Symbolic speech protects actions that do not incite riots.
The government cannot force Amish children to attend school past the eighth grade. What clause is this a representation of?
What is the Free Exercise Clause
Which president called the press the “enemy of the people” and threatened to sue for libel?
What is Donald J. Trump
True or false: Freedom of Assembly protects riot.
What is false
Fred Smith is mad about the draft so he burns his draft card and incites others to storm Washington. He is arrested, but claims symbolic speech. Is he protected?
He is not protected. Symbolic Speech is not protected if causing damage/inciting a riot is involved.
What is libel?
What is a published false statement that is damaging to a person's reputation; a written defamation
True or False: A town puts up a Christmas display. This display includes a christmas tree, santa, reindeer, presents, snowmen, and a scene of Mary and Joseph around Jesus in the manger. This violates the establishment clause because the nativity scene is a religious scene, and it is on public property.
What is False
What is prior restraint?
What is the ability to stop spoken or printed expression in advance of entering the public.
Does freedom of petition give you the right to protest outside of a government building?
What is yes, as long as it is peaceful.
Mr. Benson says a prayer at a Dover High School Assembly and the whole school joins in, however, he tells everyone that they are free to participate or not participate. Is he protected?
No, he is not protected. Engel v. Vitale states that prayer in a public school is not protected as some kids may feel pressured to join in.
Name the Supreme Court Case where the Supreme Court Defended the Right to Wear an Armband as a symbol of protest.
What is Tinker v. Des Moines
Name the Supreme Court case where it was established that public schools cannot have any voluntary, nondenominational prayers.
What is Engel v. Vitale
What is necessary to prove libel?
What is malice, blatant disregard to the truth, and measurable damage
Does the Supreme court interpret the term “Petition” broadly or narrowly in its cases?
What is broadly-as it allows for various forms of communication between citizens and the government.
A student is mad about his APUSH grade so he wears an armband to protest. Is his right protected?
Yes, under symbolic speech, he is allowed to nonviolently protest.
Name the Supreme Court Case where the Supreme Court ruled that the government could limit freedom of expression if there was a clear and present danger.
What is Schenck v. United States
What was the term Thomas Jefferson had for the divide between church and state?
What is the wall of separation
Name one Supreme Court case that established or reaffirmed that the government does not have prior restraint.
What is Near v Minnesota or NYT Co. v US
What two major social change events occurring during the 1950s-1970s were a representation of freedom of petition?
What is The Civil Rights Movement and Women’s Suffrage Movement
Zoe refuses to attend high school because she is Amish and her family feels her education is complete. Is she protected?
She is protected under Wisconsin v. Yoder which ruled that Amish children are not required to attend school because of the free exercise clause.
Name the 3 criteria used to determine whether symbolic speech is protected.
What is Time, Place, Manner
What are the three parts of the Lemon Test?
What is the primary purpose of the law/practice is secular, it does not promote or inhibit religion, and there is no excessive entanglement between church and state.
Which ad, posted by a Civil Rights group that included MLK Jr., was protected in NYT Co. v Sullivan against libel?
What is “Heed Their Rising Voices”
Which level of government is the freedom of assembly and petition limited to?
What is it is not limited to any level as it applies to local, state, and federal government
Mr. Holtz sues Delaney for burning a biology test in public to encourage other students to follow suit. Is she protected?
Unlike in United States v O’Brien, this act does not violate freedom of speech by causing a clear and present danger.