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First Amendment
Breakdown of each percieved freedom and important cases and rulings
62
Political Studies
12th Grade
11/09/2013

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Cards

Term
Five percieved freedoms of the first Amendment
Definition
Religion Speech Press Assembly Petition
Term
Establishment clause
Definition

 

states that the government cannot impose a state or national religion

Term
Free Excersise Clause
Definition
the government cannot prohibit citizens from practicing their religion
Term
3 things not covered under the free excersise clause
Definition
polygamy no illegal drugs cannot commit crime
Term
5 ways government encourages religion
Definition

Clergy and Pacifists are exempt from the draft

   Churches are tax exempt

   Most sessions of Congress begins with a non denominational prayer

   The president often asks us to join him in prayer during a national crisis

 

   Faith based Charities

Term
Prior Restraint
Definition

 

Government regulates material before it is delivered to the people

Term
Name a country that may use prior restraint
Definition
North Korea, China, Iraq, Iran
Term
Slander
Definition

 

false speech with the intention of ruining a person’s reputation

Term
Libel
Definition

 

False Written word with the intention of ruining someone’s reputation

Term
Obscenity
Definition

 

anything that is found objectionable by the majority of the members in society

Term
guidelines of obscenity as defined by Roth v the US
Definition

Does the material in question cause lust?

     Is the material in question already being dealt with in and anti-obscenity law?

 

   Does the material taken as a whole lack any serious literary artistic social or philosophical value?

Term
Shield Laws
Definition

 

a reporter does not have to reveal their sources- Do not apply if there is a child in danger

 

Term
Indiana restirictions on shield laws
Definition
a reporter is protected as long a child’s safety is not in jeopardy
Term
How is cable regulated
Definition

 

regulated through very tough rating system demanded by patrons

Term
restrictions on advertising
Definition
must be truthful cannot be misleading
Term
Which of the communications is the hardest to regulate
Definition
Internet
Term
Purpose of the FCC
Definition
regulates TV and radio
Term
espionage
Definition
spying for a foreign nation
Term
sabotage
Definition

 

hindering the nation’s war effort

Term
sedition
Definition

 

speech urging resistance to lawful authority or advocating the overthrow of government

Term
treason
Definition

 

to levy war against our nation

Term
Where is the crime of treason found in the Constitution
Definition

 

Article III sec 3

Term
TV program that expanded the guidelines for the FCC
Definition
Term
3 restirctions of freedom of assembly
Definition

must be on public property

     groups may be required to get a permit

 

     governments can place time restrictions because of disturbance of the peace

Term
restriction on freedom of petition
Definition

 

you have the right to complain or petition to the government officials but you do not have the right to threaten the officials

Term
symbolic speech
Definition

 

using a symbol or a gesture to convey a message

Term
Texas v Johnson Desicion
Definition

 

The flag is simply a symbol therefore neither Congress nor state legislators can pass laws protecting the flag

Term
major controversy surrounding the 2nd ammendment
Definition

 

Is it saying the militia or the people have the right to bear arms

Term
Brady Law
Definition

for handguns there is a five day waiting period and a background check


Term
3rd amendment
Definition

 

You do not have to house soldiers in times of peace

Term
4th amendment
Definition

 

protects us from illegal search and seizure of our property

Term
Probable cause
Definition
when the government has reason to believe that a person is involved in some type of illegal activity
Term
search warrant
Definition

 

a document issued by a judge that allows an official to enter a persons home or business

Term
6 situations where the official may not need a warrant
Definition

 

full open view if a minor is in jeopardy frisk and search hot pursuit if an object can be moved if you invite them in

Term
5 parts of 5th amendment
Definition

Grand jury- determines if there is enough evidence for a case to go to court

     Double Jeopardy- you cannot be tried for the same crime twice

     Self Incrimination- it is up to the state to prove guilt therefore a person does not have to testify against them in the court of law

     Due process- cannot be denied life liberty or property without fair treatment by the law

 

     Eminent Domain- is the right of the government to buy private property for public use

Term
6 parts of 6th amendment
Definition

 

trial by jury speedy trial public trial right to question a witness the right to be present when a witness testifies against you right to an attorney

Term
7th amendment
Definition

 

for all civil cases over 20 dollars you are entitles to a jury trial

Term
Civil Cases
Definition

A petit jury determines whether the accused is guilty or not guilty based on evidence

 

civil cases are in 7th amendment; cases between two citizens

Term
8th amendment
Definition

 

protects us from cruel and unusual punishment and excessive bail

Term
How does the constitution define cruel and unusual punishment
Definition
based on society's outrage
Term
Furman v Georgia Decision
Definition

 

everyone who was on death row had their sentence commuted to life in prison

Term
Gregg v Georgia
Definition

 

decided it should be left up to the state legislatures which hold voice of the people and Congress

Term
first person in Indiana to be given the death penalty
Definition
Steven Judy
Term
Petit Jury
Definition

 

a jury of 12 to determine the facts and decide the issue in civil or criminal proceedings

Term
Pacifist
Definition
a person who believes that war and violence are unjustifiable.
Term
Polygamy
Definition
the practice or custom of having more than one wife or husband at the same time.
Term
Restrictions on confidentiality
Definition

 

doctors psychologists husbands and wives must testify

Term
federalism
Definition

 

a system of government with division of power between state and nation

Term
Equal Access Act
Definition

 

religious political and philosophical organizations in public schools must be held before after or  on weekends

Term
examples of organizations at MHS that fall under the Equal access act
Definition

 

FCA One-by-One JSA GSA

Term
Supreme court case that established that there could be release for religious activities
Definition

 

Zorach v Clauson

Term
Supreme court case that stated that the constitution did not protect the reporter from having to reveal their sources
Definition

 

Bransburg v Hayes

Term
Case that stated flag is just a symbol
Definition
Texas v Johnson
Term
case that stated that the accused has the right to an attorney
Definition
Gideon v Wainwright
Term
case that stated it is the responsiblity of an official to make sure the accused knows their rights
Definition
Miranda v Arizona
Term
case that established the guidelines for obscenity
Definition
Roth v The US
Term
4 laws that were past to keep people from speaking out against our country
Definition
Alien and Sedition Act Espionage Act Smith Act
Term
how government regulates media
Definition
FCC rating system parental controls truthful and not misleading
Term
Brady Law
Definition

 

for handguns there is a five day waiting period and a background check

Term
probable cause
Definition

 

when the government has reason to believe that a person is involved in some type of illegal activity

Term
Search Warrant
Definition

 

a document issued by a judge that allows an official to enter a persons home or business

Term
which radio personality expanded the guildines for the FCC
Definition
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