Branches of Government
What are the 3 branches of government?
Legislative, judicial, and executive
Does it violate students' first amendment rights to be ordered to salute the American Flag?
Yes - Barnette Case
Is freedom of press restricted in public schools?
Yes.
May a school issue a prayer over the loud speaker every single morning in a public school?
No.
What is the Supreme Law of the Land?
Constitution
What branch of government is responsible for "making" the law?
Legislative Branch
Can schools publish speech that is "vulgar, lewd, profane, or plainly offensive?"
Yes - Fraser.
Are threats and harassment protected under freedom of press even if they are made off-campus?
No.
TRUE OR FALSE:
The government may not give tax dollars directly to religious schools for the purpose of teaching religion.
True.
What are the first 10 amendments called?
Bill of Rights
What branch of government is responsible for "enforcing" the law?
Executive Branch
TRUE OR FALSE.
Public school students have the same rights as the general public.
False.
Student created a vulgar and vaguely threatening website insulting teachers. Students showed this off to his friends at school, and caused a disruption.
Can the student be punished for making this website?
Yes. - J.S. v. Bethlehem School District. The student can be punished because he “brought” the website onto school grounds by showing it off, and it caused a substantial disruption.
Does a statute that requires public schools to post a copy of the Ten Commandments in each classroom violate the first amendment?
Yes. - Stone v. Graham Case.
TRUE OR FALSE
The Constitution establishes the powers of the Federal Government and the Rights of the people.
True.
The President is in charge of which branch?
Executive
What is expressive conduct?
Behavior designed to convey a message.
Can a school suspend a student for speech he made off school grounds, that he did not bring to school, that did not cause a disruption?
No.
Discomfort or unpleasantness of speech made off school grounds that does not cause a disruption is protected.
What are the two clauses related to freedom of religion?
Establishment clause and free exercise clause.
What two "bodies" make up Congress?
Senate and House of Representatives
What is this called:
Principle of government under which separate branches are empowered to prevent actions by other branches and are induced to share power.
Checks and Balances.
What is the standard for freedom of speech in public schools?
Material and Substantial Disruption - Tinker Case.
What is the standard for free press in public schools?
Reasonably related to legitimate teaching concerns. - Hazelwood
THE TRADITIONAL TEST FOUND IN LEMON PROVIDED THAT A CHALLENGED GOVERNMENT PRACTICE MUST:
1) HAVE A PRIMARILY SECULAR (NOT RELIGIOUS) PURPOSE
2) HAVE A PRIMARILY SECULAR EFFECT
3) AVOID EXCESSIVE GOVERNMENT ENTANGLEMENT WITH RELIGION.
How many of these elements need to be satisfied?
All three of them.
What are the 5 Major Rights Protected by the First Amendment?
1. Freedom of the Press
2. Freedom of Religion
3. Freedom to Assemble
4. Freedom to Petition
5. Freedom of Speech