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Exam 5: The First Amendment: Basic Freedoms

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Question 31

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

A) Prewitt v. State of Arizona ex rel. Eyman (1969) .
B) Procunier v. Martinez (1974) .
C) City of Ladue v. Gilleo (1994) .
D) Reno v. American Civil Liberties Union (1997) .

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Question 32

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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?

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Question 33

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

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

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

Religious freedom includes all of the following, except:

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

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).

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.

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.

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.

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

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."

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?

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

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

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

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

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