Constitutional freedom
Define Human Rights
Human Right are the rights inherent to all human beings, regardless of race, gender, nationality , ethnicity, language, religion , or any other status.
Define Parochial School
What form of speech is a nonverbal , non written form of communication , such as flag burning , wearing armbands and burning of draft cards?
Symbolic Speech
What is Prior Restraint
Government action that prohibits speech or other expression before the speech happens.
Define Heckler's Veto
A situation in which a party who disagrees with a speaker's message is able to unilaterally trigger events that result in the speaker being silenced.
Cite the Branch of government that has been primarily responsible for the incorporation of the Bill of Rights
The Judicial Branch ( The Supreme Court)
Identify the Equal Access Act
The act allows public high schools receiving federal funds to permit student religious groups to hold meetings in the School
How has the Supreme Court applied the principles of "Clear and present danger" and the bad tendency doctrine in determining free speech?
The court ruled that when speech clearly presents on immediate danger the first Amendment does not protect it
What is the supreme court's opinion on prior restraint?
Information can be censored before its publication only in cases relating directly to national security.
What re the limits on public assembly?
What is the bill of rights?
The First 10 Amendments of the Constitution
Why did the court allow state-supported bus transportation for parochial schools but ban their use for field trips?
Us elf transportation to and from school did not serve a primarily religious purpose its use for field trips might save a religious purpose.
What speech is protected by the first amendment and what speech is not protected?
Pure and Symbolic Speech are protected Defamatory speech and Seditious Speech aren't protected
How has the Supreme Court ruled when the presence of the media could affect a court trail?
Judges can restrict press coverage to endure a fair trail limiting the number of reporters in a court room and sequestering the jury
What constitutional protections are applied to demonstrations by unpopular groups, or to those who might incite violence?
The police may disperse a demonstration only to preserve peace.
How has the Supreme Court applied the principles of " Clear and Present Danger" and the bad tendency doctrine in determining Free Speech?
The court ruled that when speech clearly presents an immediate danger the First amendment does not protect it.
What is the difference between the establishment cause and the free exercise clause of the first amendment?
Establishment cause prohibits the gov from establishing a state supported religion the free exercise clause prohibits the government fro unruly interfering with the free practice of religion
What is Clear and Present danger?
When the speech in question clearly presents and immediate danger, the first Amendment does not protect it. If a conflict between free expression and the demands of public safety.
What measures may a court take to restrain press coverage in the interest of a fair trail?
Courts may move or delay the trial to reduce pretrial publicity, limit the number of reporters in the courtroom or place strict controls on their conduct isolate witnesses.
What two principles were established by the DeJonge Decisions?
A constitutional doctrine through which parts of the first ten amendments of the United State constitution are made applicable to the state through the Due Process clause of the fourteenth amendment
Incorporation
What three test does the Supreme Court use determine if government aid to parochial education is constitutional
Aid must have a clearly secular purpose, must neither advance no inhibit religion and must not involve "Excessive government entanglement with religion"
Define Slander
A false statement, usually made orally, which defames another person
When can government exercise our restraint on the press
Only in those cases relating directly to national security
What is clear and present danger doctrine?
The speech must impose a threat that a substantive evil might follow and second the threat is a real, imminent threat