Political Science 1 Study Guide
Political Science 001 Final Review
Chapter 4
Clear and present danger test is a test to determine whether speech is protected or unprotected, based on its capacity to present a clear and present danger to society. Post WWI people were convicted under the federal espionage act of 1917 for opposing US involvement in the war. The Supreme Court upheld the espionage act and ruled against the people. This test led to the formation of the 1st Amendment.
The first amendment clause that defines the separation between church and state is known as the establishment clause. The government is prohibited from establishing an official state church. Court is strict in cases of school prayer, striking down such practices as Bible reading, nondenominational prayer, moment of silence for meditation, and pregame prayer at public sporting events.
The first amendment clause that protects a citizen’s right to believe and practice whatever religion he or she chooses is known as the free exercise clause. It also protects the right to be a nonbeliever. West Virginia State Board of Education v. Barnette allowed a Jehovah’s Witness student to not salute and pledge of allegiance to the flag because his religious faith did not permit it. Previously, a student would have been expelled for this. They changed their viewpoint due to the war to defend democracy in 1943.
The US applying the Bill of Rights to the states is called incorporation. Before this, it only applied to the federal government. State law was regulated by the individual state bills of rights, found in each state constitution, but the federal court system's power to strike down oppressive state laws was almost nonexistent. The US Supreme Court cases Quincy Railroad v. Chicago (1897), and again in Gitlow v. New York (1925), that the Fourteenth Amendment makes the Bill of Rights applicable to state law as well as federal law.
Prior restraint is the effort by the US government to censor material from
Chapter 4
Clear and present danger test is a test to determine whether speech is protected or unprotected, based on its capacity to present a clear and present danger to society. Post WWI people were convicted under the federal espionage act of 1917 for opposing US involvement in the war. The Supreme Court upheld the espionage act and ruled against the people. This test led to the formation of the 1st Amendment.
The first amendment clause that defines the separation between church and state is known as the establishment clause. The government is prohibited from establishing an official state church. Court is strict in cases of school prayer, striking down such practices as Bible reading, nondenominational prayer, moment of silence for meditation, and pregame prayer at public sporting events.
The first amendment clause that protects a citizen’s right to believe and practice whatever religion he or she chooses is known as the free exercise clause. It also protects the right to be a nonbeliever. West Virginia State Board of Education v. Barnette allowed a Jehovah’s Witness student to not salute and pledge of allegiance to the flag because his religious faith did not permit it. Previously, a student would have been expelled for this. They changed their viewpoint due to the war to defend democracy in 1943.
The US applying the Bill of Rights to the states is called incorporation. Before this, it only applied to the federal government. State law was regulated by the individual state bills of rights, found in each state constitution, but the federal court system's power to strike down oppressive state laws was almost nonexistent. The US Supreme Court cases Quincy Railroad v. Chicago (1897), and again in Gitlow v. New York (1925), that the Fourteenth Amendment makes the Bill of Rights applicable to state law as well as federal law.
Prior restraint is the effort by the US government to censor material from