Exam 5: The First Amendment: Basic Freedoms

The ___________________ has protected religious practices from undue governmental restrictions and has broad applications (such as the regulation of hiring and firing decisions based on an employee's religious practices).

The Supreme Court struck down a law banning computer-generated or "virtual" child pornography in:

As_______________  , law enforcement officers have their speech protected by the First Amendment only if it is a matter of public concern or unrelated to employment.

Religious freedom includes all of the following, except:

Rank the four basic freedoms guaranteed by the First Amendment in descending order of importance to you, then explain why you rank them as you do.

The Religious Freedom Restoration Act was enacted to restore the strict scrutiny test to laws that "substantially burden" a person's exercise of religion.

Under the First Amendment, there is an absolute freedom to:

A group of women, who are mothers of young children killed by handguns, has decided to protest. The local police chief refuses to enforce any gun control or gun violence legislation in her county, because she feels it won't work and it infringes on the Second Amendment. The women's group decides they will protest at an upcoming policeman's funeral. Do you think that the protesters should be subject to arrest? Why or why not?

The Supreme Court defines ______________________ as those "personally abusive epithets which, when addressed to the ordinary citizen, are, as a matter of common knowledge, inherently likely to provoke violent reaction."

Discuss the delicate balance being struck by the Court in achieving the separation of church and state in schools. Use case law to explain your answer.

The Supreme Court upheld prison regulations that are "reasonably related to legitimate penological interests" using the:

No rights are absolute, so government can regulate them when______________________________outweigh the rights of the individual.

Prisoners' rights based on the First Amendment involve all of the following, except:

What was the significance of the case of West Virginia State Board of Education v. Barnette (1943)?

In regard to "rational basis" in cases involving prisoner rights, the burden of proof is on the:

The First Amendment prohibits Congress from making any laws that restrict freedom of religion.

Lynch v. Donnelly dealt with issues involving the______________________________Clause of the United States Constitution.

The constitutionality of prison regulations that restrict prisoners' First Amendment rights are judged by using a_______________  test.

Passed by Congress in 1917, the Espionage Act:

A young man told a few people that he had served in Afghanistan and was awarded the Silver Star. Unfortunately, one of these people told a newspaper reporter that she suspected the young man was being untruthful. The young man found himself on the cover of the newspaper with the headline, "Liar!" Everyone in town is angry about the case. The local prosecutor intends to prosecute the young man under a law forbidding lying about military service. This young man has come into your legal office asking you to represent him. He has been rejected by many attorneys in town. Would you take the case? Why or why not?