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16rcrc11-FirstAmdIss
First Amendment Issues section created by Brian Rister
18
Other
Not Applicable
08/13/2011
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Term
Summarize the First Amendment.
 Definition
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances
Term
Identify some forms of speech that are protected under the First Amendment.
 Definition

Include, but not limited to:

  • Protest marches
  • Picketing
  • Demonstrations
  • "Street Preachers"
  • Flag burning
  • Public display or sale of obscene material
Term

Multiple Choice: In 1989, the U.S. Supreme Court held that the State could charge an individual with what crime when he or she burned the flag as a form of expressive conduct or symbolic speech?

  1. Treason
  2. Can not charge with a crime
 Definition
2. Can not charge with a crime
Term
True/False: In the case of Wisconsin v. Mitchell, the Court said, "a physical assault is not by any stretch of the imagination expressive conduct protected by the First Amendment."
 Definition
True
Term
What are "Fighting Words", as defined by the U.S. Supreme Court more than 50 years ago?
 Definition
Those words which by their very utterance inflict injury or tend to incite an immediate breach of the peace
Term
Are "fighting words" protected under the First Amendment?
 Definition
No
Term
True/False: People have the right/freedom to verbally challenge police without risking arrest.
 Definition
True
Term
Can an individual be arrested for, solely, giving the police the middle finger?
 Definition
No
Term

Multiple Choice: What requires the analysis of both the content of the words spoken and the context in which they are used?

  1. Carroll Doctrine
  2. Fighting Words Doctrine
  3. Free Exercise Clause
  4. Freedom of Speech Clause
  5. The "Three-Part" test for obscenity
 Definition
2. Fighting Words Doctrine
Term
Federal and State court decisions generally indicate that speech is not protected under the First Amendment when the words (or actions) what? (relating to officers)
 Definition
  • Constitute direct threats to officer safety
  • Actually disrupt or hinder officers in the performance of their duty
Term
First Amendment religious concerns focus on what two concepts? (Hint: First Amendment)
 Definition
  1. The establishment clause
  2. The exercise clause
Term
True/False: Name calling, the use of profanity and obscene gestures directed at officers; in and of themselves, constitute "fighting words".
 Definition
False
Term

The South Carolina Religious Freedom Act prohibits the State, or political subdivisions, form burdening a person's constitutional exercise of religion unless the State demonstrates that the burden to the person is what?

(Hint: 2 things related in interest)

 Definition
  1. In furtherance of a compelling state interest; and
  2. The least restrictive means of futhering that compelling state interest
Term
In 1973, the U.S. Supreme Court set forth a three-part test for determining whether material was obscene. What are the 3 parts?
 Definition

The material must:

  1. Appeal to the prurient interest,
  2. Is patently offensive, and
  3. Taken as a whole it lacks serious literary, artistic, political or scientific value
Term
True/False: A search warrant is a necessity in almost all obscenity cases no matter what the exception might be available for other types of evidence.
 Definition
True
Term

Multiple Choice: An affidavit presented to the magistrate issuing the warrant for "obscene material" must be what in relation to an affidavit used in any other type case?

  1. Less specific
  2. More specific
  3. Just as specific
  4. No affidavit is needed to obain search warrant for "obscene material"
 Definition
2. More specific
Term

Multiple Choice: A search warrant or arrest warrant for a violation of SC Code 16-15-305, SC 16-15-315, SC 16-15-325, relating to promoting of, sales of, and preparation of obscene materials, may only be issued upon request of?

  1. The Magistrate
  2. The Officer
  3. The Ciruit Solicitor
  4. The Sheriff
 Definition
3. The Circuit Solicitor
Term
True/False: The sensitive nature of First Amendment searches makes it mandatory that officers consult with their solicitor.
 Definition
True
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