Professional Documents
Culture Documents
Updated 3/4/13
III. Freedom of Religion the Free Exercise Clause pages 106- 109
1. Why is the right to practice religion as one chooses more complicated than it would seem? Give an example.
2. What problem did the Employment Division v. Smith address? What was the outcome?
3. How has Congress and the Supreme Court granted protection for the Amish and Jehovahs Witnesses? Do you feel their stance it is fair?
4. What was the intent of the Religious Freedom restoration Act passed by Congress in 1993? How did the Supreme Court react?
5. Read the Case of Animal Sacrifices on page 108. Do you feel the Santerians have a constitutional right to sacrifice animals in their religious
rituals? Why, why not? Do you think the citys interest in protecting animals outweigh the Santerians requirement for animal sacrifice? Why, why
not?
Vocabulary None
Court Cases None
IV. Freedom of Expression Prior Restraint and Free Speech and Public Order pages 109-112
1. What are three types of expression and why do totalitarian governments limit them?
2. What was the difference between Justice Blacks and Justice Holmes interpretation of the First Amendment? Which do you agree with, why?
3. Why can government limit action more easily than it can expression?
4. What is the significance of the Supreme Court case of Near v. Minnesota and how does it relate to prior restraint?
5. Read Should Universities Regulate Hate Speech? answer the following questions
a. Should universities adopt policies to limit hate speech, why or why not?
b. How would you define hate speech?
c. Is there a danger that hate speech policy could also limit the expression of important but un popular views? Explain.
d. Is there a significant difference between hate speech and arguments advocating policies you find abhorrent?
6. How does the cases Schenck v. United States and Dennis v. United States relate to free speech and public order?
Abhorrent - Similar: being so repugnant as to stir up positive antagonism
Vocabulary
9. prior restraint
Court Cases
7. Near v. Minnesota
V. Freedom of Expression Free Press and Fair Trials, Obsenity pages 113-116
1. Do you feel that one can have a fair trial with a lot of press involved?
2. What are shield laws and what are they used for?
3. What is the significance of Zurcher v. Stanford daily?
4. What cases tried to define obscenity and why is so difficult to do so?
5. What is the criteria of what is obscene according to the Miller case?
Vocabulary
None
Court Cases
9. Zurcher v. Stanford Daily
10. Roth v. United states
11. Miller v. California
VI. Freedom of Expression Libel and Slander and Symbolic Speech pages 116-118
1. What is the difference between libel and slander?
2. What is the significance of New York Times v. Sullivan?
3. Why do private individuals have a lower standard to meet for winning libel lawsuits? Do you feel that it is fair to public figures, why, why not?
4. What three S.C. cases involved symbolic speech? How did the court rule?
Vocabulary
10. libel
11. symbolic speech
Court Cases
12. New York v. Sullivan
13. Texas v. Johnson
3/4/13 VIII. Freedom Of Assembly Right to Assemble, Right to Associate 120- 122
1. What are the two facets of the freedom of assembly?
2. The courts basically say there must be a balance between what two things when groups are protesting?
3. Answer the two You Be The Judge Questions in The Case of the Nazis March in Skokie on page 121
Vocabulary
none
Court Cases
16. NAACP v. Alabama