Protecting Civil Liberties review

What is the current legal status of the idea expressed in this excerpt?

“No State shall make any law respecting an establishment of religion, or prohibiting thefree exercise thereof; and no money raised by taxation in any State for the support ofpublic schools, or derived from any public fund therefor, nor any public lands devotedthereto, shall ever be under the control of any religious sect . . .”

—Blaine Amendment, 1875

• This principle is now the law after the amendment was made part of the U.S.Constitution

• Under the principles of federalism and incorporation, this idea is enforced by the dueprocess clause of the 14th Amendment.

• Individual States choose whether to follow this principle by adopting amendments totheir own State constitutions.

What controversial Supreme Court ruling involving individual rights was triggered by events like the one shown in this photo?

• The Supreme Court ruled in Sheppard v. Maxwell that the free press did not have theright to bias a court trial

• The supreme court ruled in Gitlow v New York that freedom of speech did not protect communist agitator convicted under state law

• The Supreme Court ruled in Dejonge v. Oregon that a State law limiting freedom ofassembly violated the 14th Amendment.

• The supreme court ruled in Korematsu v United States that forced evacuation was constitutional in wartime

"Congress shall make no law...prohibiting the free exercise [of religion]..." - 1st Amendment

Which statement BEST explains the meaning of the guarantees provided in this excerpt from the 1st Amendment?

• Criminal law and moral public standard do not apply to people who are acting according to their religious beliefs

• Governments at all levels in the United States are not allowed to pass laws that aid or encourage particular churches or religion

• Each person is free to believe as he or she wishes in religious matters and government cannot favor any one religion

How would the Establishment Clause apply to the activity shown below if it took place at both a private school and a public school?

• The activity would be legal at a private school but would not be allowed at a public school

• The activity would not be legal at a private school but would be allowed at a public school

• The activity would be legal at both a private and a public school

The stand taken by the Founding Fathers concerning the practice of religion was based on their

• opposition to religion and desire to keep it entirely separate from the new government

• hope to adopt the model of church and state provided by the government of Great Britain

• belief that all citizens should embrace the same religious values for the good of the new democracy

• desire to prevent the creation of official government-sponsored churches in the colonies

What ruling did the Supreme Court make regarding flag burning in Texas v. Johnson?

• it is legal to burn flags other than the US flag, but burning an American flag is not free speech because it affects public morale

• Burning any sort of flag is a form of intimidation and thus it is not a form of protected free speech

• Laws banning the burning of the US flag are unconstitutional because flag burning is a form of free speech

What is the general rule used by the Supreme Court when deciding if civil disobedience is a constitutionally protected right?

• if the protest is nonviolent, then civil disobedience is protected by the First amendment right to assembly

• civil disobedience is not protected by the first amendment and so protestors may be charged if they break any laws

What is the significance of the 14th amendment?

• it specifies restrictions on the National Government regarding basic rights

• it provides that all protections of the Bill of Rights are extended to the States

• It specifies which rights are "basic or essential" to the liberty of the American people

• it provides that the states, like the federal government, cannot deny basic rights to their people

Compare and contrast the ways in which the 5th amendment and 14th amendment uphold the principle of due process?

Read this famous quotation from Justice Oliver Wendell Holmes. Which is the best interpretation of Holmes' meaning?

"The most stringent [strict] protection of free speech would not protect a man falsely shouting fire in a theatre and causing a panic." - Justice Oliver Wendell Holmes, opinion of the Court, Schenck v United States (1919)

• the right to free speech is absolute and cannot be infringed upon

• the right to free speech depends upon how the Constitution is interpreted

• the right to free speech differs from state to state and circumstance to circumstance

• the right to free speech does not apply when it infringes upon the rights and safety of others