Why or why not No court was making decisions as though the amendment had ever

Why or why not no court was making decisions as

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Did the Supreme Court grant these rights to all citizens at that time? Why or why not? - No court was making decisions as though the amendment had ever been adopted F) What is selective incorporation? (don’t worry about Palko, it wasn’t really the first case, Gitlow v. NY was in 1925.) - The provisions of the Bill of Rights were to be considered one by one and selectively applied as limits on the states through the 14th amendment What did the 2010 case of McDonald v. Chicago incorporate to states? - The supreme court struck down a Chicago firearms ordinance making it extremely difficult to own a gun within city limits as violating the 2nd amendment G) What is the establishment clause of the First Amendment? - The idea of “no law” regarding the est. of religion could be interpreted in several possible ways. What is the “wall of separation” that has been interpreted in it? - Between church and state- jeffersons formulation- that cannot be breached by the govt What is the Lemon test? The court held that govt aid to religious schools would be accepted as constitutional if 1. It had a secular purpose 2. Its effect was neither advance nor inhibit religion 3. It did not entangle govt and religious institutions in each other’s affairs H) The free exercise clause of the First Amendment protects the right to do what? - To believe and to practice whatever religion one chooses or to be a nonbeliever I) _______ speech was the activity of greatest concern to the framers of the Constitution. - political What is the “clear and present danger” test? - To determine what limits can be placed on the 1st amendment freedoms J) What are “fighting words”, and are they protected under the 1 st Amendment? - Those which by their very utterance inflict injury ot tend to incite an immediate breach of the peace Has the court protected the speech of public high school students more or less than other citizens’ speech? Why? - Court backed away from a broad protection of student for making a sexually suggestive speech the court opinion held that such speech interfered with the schools goal of teaching students the limits of socially acceptable behavior. Two years later the supreme court took another conservative step by restricting students’ speech and press rights even further, defining them as part of the education process and not to be treated with the same
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standard as adult speech in a regular public forum K) Does commercial speech (newspapers) have full 1 st Amendment protection? Why or why not?
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  • Fall '19
  • Supreme Court of the United States, Fourteenth Amendment to the United States Constitution, United States Bill of Rights

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