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School
Joliet Junior College *
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Course
103
Subject
Law
Date
Feb 20, 2024
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jpeg
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1
Uploaded by DukeWombat4023
59. What is the Lemon Test and how has it provided a basic model for schools when approaching the topic of religion? . the law must have a secular purpose . the law must neither inhibit nor promote religion . the law must avoid excessive entanglement with religion W N - 60. How and why did the Supreme Court reverse its decision of Minersville v. Gobitis when it decided West Virginia v. Barnette? The case of Minerville v. Gobitis the court ruled that the school can require a student to say the pledge and that a person’s freedom of exercise did not apply to required acts of demonstrable patriotism. Following the decision a wave a violent attacks against Jehovah’s Witnesses spread across the US. In an effort to address the violence and distance the US from its WWII enemy (Nazi Germany) the court reversed its decision in West Virginia v. Barnette. 61. True or False. Students are allowed to hold after school religious meetings provided it is not organized and/ or led by the school itself according to the Equal Access Act of 1984. 62. What are the two primary functions of Freedom of Speech and Press within a democratic society? |. guarantee everyone the right to freedom of expression 2. guarantee all persons a free and widen ranging point of views for consideration 63. What types of speech are NOT protected by the First Amendment? l. slander 2. libel 3. obscenity 64. What is sedition and what it treason? Sedition is attempting to overthrow the government by force or disrupt its lawful activities through the use of violent actions. Treason is giving aid to the nation’s enemies in wartime. 65. Explain how the constitutional definition of sedition changed from Schenck vs. US (1919) to Dennis v. US (1952) to Yates v. US (1957). In Schenck the court decided that sedition happens when there i1s a “clear and present danger”. This applied to Charles Schenck distribution of pamphlets urging young men to avoid the draft during WWIIL. In Dennis the court lowered the bar for sedition when it declared that “advocacy of ideas™ was enough to be convicted of sedition. After several years of government witch hunts the courts raised the standard for sedition in Yates by distinguishing between “advocacy of ideas™ and “advocacy of action”, claiming the only the former served to represent true sedition. 66. Explain some of the forms of symbolic speech that are protected by the Ist amendment and some forms of symbolic speech that are not protected. Symbolic speech is protected in the form of flag burning and political speech for students. However, burning draft cards, promoting illegal activities at school, and using burning crosses as an act of intimidation 1s not protected.
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