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ch 19

Civil Liberties: First Amendment Freedoms

QuestionAnswer
Civil Liberties First Amendment Freedoms
Bill of Rights the first ten amendments in the Constitution
Civil Rights sometimes reserved for those positive acts of gov. that seek to make constitutional guarantees a reality for all people
Aliens foreign-born residents or non-citizens.
Due Process clause provides that no State can deprive any person of life, liberty or property, without due process of law
Amendment 9 states that the Americans possess rights are not set out explicitly in the Constitution. Its been used to protect rights as various as the rights of the accused to a woman’s right to abortion.
Establishment Clause Guards against establishing a mandated religion. In effect, freedom from religion
Free exercise clause Guards against the gov. interfering in the exercise of any religion. In effect, freedom for religion.
Libel false and malicious use of printed words.
Slander false and malicious use of spoken words
Sedition crime of attempting to overthrow the gov. by force or to disrupt its lawful activities by violent acts. seditious speech- advocating or urging of such conduct
Obscenity fifthlthy or lude
Prior restraint spoken or written words
Shield law Congress has not acted on the Court’s suggestion
Symbolic speech expression by conduct
picketing patrolling of a business site by workers on strike, is a prevalent form of symbolic speech.
assemble gather with one another to express views.
right of association the right to associate with others to promote causes.
What is the process of incorporation? It combined most of the guarantees in the Bill of Rights in the 14th Amendment Due Process Clause.
What guarantees in the Bill of Rights are not now covered by the 14th Amendment's due process clause? Ist amendment- freedom of speech 4th amendment- unreasonable searches and seizures 8th amendment- cruel and unusual punishments 5th amendment- self-incrimination 6th amendment- obtain witness
Explain the phrase "separation of church and state" Church and government are constitutionally separated from one another. However, the government supports churches and religion in a variety of ways, including tax exemption.
Explain the "Lemon Test" The purpose of the aid must be nonreligious The aid can not advance and prevent religion Must avoid entanglement of the gov. with religion.
What are some limits to the “free exercise clause" Bigamy Using poisonous snakes during religious ceremonies Schoolchildren who have not been vaccinated
What are examples of "symbolic speech” Amish children cannot be forced to go to school after grade 8 Ministers are allowed to hold elective office Unemployment benefits cannot be denied to someone who quit their job because of religious beliefs
Contrast the right to assemble on Public Property versus Private Property Public property- is open to all people and private is not.
Created by: dwigmans13
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