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31 Cards in this Set

  • Front
  • Back
What is the Establishment Clause?
It's part of the 1st Amendment that states that the gov't can't establish or create a religion or choose religion over nonreligion
What is the Free Exercise Clause?
It's part of the 1st Amendment that states that there should not be a government burden, or interfearence with religion.
What is the difference?
The Free Exercise Clause benefits religion, the Estblishment Clause doesn't
What do separationist believe?
That gov and religion should be separate.
What do accomadationist believe?
That we should associate religion and gov.
What is secular?
Non-religious.
What does compulsary mean?
Manditory.
What is speech plus?
Combined action and words.
What is sybolic speech?
More action and getting across a message (protected under the 1st Amendment). an example would be flag burning
What is overbreadth?
Gov can restrict expression, the 1st Amendment is worded in a way that can be abused.
What does content-neutral mean?
Treating people equal no matter what there message is.
What is defamiation?
Spreading false rumors, slander and libel are kinds of this (no protected under the 1st Amendment).
What is slander?
Spoken defamination
What is libel?
Written defamination.
What is "clear and present danger"?
It's when speech can put people in danger (not protected under the 1st Amendment).
Who was Roger Williams?
He was expelled from Massachutes, and founded Rhode Island.
What was the VA statue of religious liberty?
It protected religious freedom, Thomas Jefferson promoted it.
What was the Sedition Act?
It was a law that made it illegal to write, print, or say anything against the current gov.
What does sedition mean?
It is the urging of resitance to rebellion against the gov.
What is obscenity?
Obscenity is anything that depicts people, nudity, and cursing (not protected under the 1st Amendment).
Tell me about the "Tinker" case...
It was where two students were suspended from school by wearing arm bands protesting the war. It was classified as "sybolic speech" and was protected, but if it disrupted the teacher's job as teaching, it could be suspended.
Tell me about the "Hazelwood" case....
The Supreme Court regonizes the school officials power.
Who was Johann Gutenberg?
He invented the printing press
What is seditious libel?
In the olden days, it was when someone critized the gov by writing and was punished. Now, it is written libel, that can be seen as a threat.
Tell me about the "Zenger" trial....
John Peter Zenger was the printer of a newspaper, and some writers wrote some articles and did not give there sorces out, and was prosecuted for seditious libel. He was found innocent.
What is prior restraint?
It is when the gov can put a restraining order on an ariticle if they find that it can put others lives in danger.
What were the Pentagon Papers?
They were documents with top secret on the Vietnam war. They got illegally copied and published.
What are sheild laws?
It protects the reporters from sharing their sorces.
What is a hekler's veto?
It is someone that is so disruptive that they stop an intire speech.
Tell me about the Espionage act of 1917...
It made it a crime to write, publish, or say anything disloyal about the gov and war (World War 1)
What are three limits of freedom of speech?
1. Clear and Present danger
2. Time, place, and manner
3. Defamination