146 Chapter 4 | Civil LibertiesFreedom of religion
Describe the First Amendment rights related to freedom of
religion. (Pages 112–117)Summary
Religious freedoms are defined by two clauses in the First Amendment:
the establishment clause and the free exercise clause. Together, they
do not allow the government to do anything to benefit any particular
religion, nor do they allow the government to hinder religious practice
without adequate justification. As is often the case, the Court has
struggled to define exactly what constitutes “excessive government
entanglement” in religion.Practice Quiz Questions
- The establishment clause is invoked under which of the
following circumstances?
a allowing “conscientious objectors” to avoid the military draft
b outlawing polygamy
c prohibiting prayer in public schools
d allowing the Amish to keep children home from school after the
eighth grade
e banning the handling of snakes in church services - Which test does the Supreme Court use to establish whether
there has been “excessive government entanglement with
religion”?
a Lemon test
b Kreutz test
c Miller test
d Meyer test
e Brandenburg test
Freedom of speech, assembly,
and the press
Describe the major First Amendment rights related to
freedom of speech. (Pages 117–129)Summary
The Supreme Court’s attempt to balance individual freedoms and
public good is reflected in the scope of protections guaranteed by
the First Amendment. The Court generally prioritizes protecting
individual rights to political speech, hate speech, symbolic speech,
the freedom to assemble, and the freedom of the press except under
extreme circumstances (such as speech that directly incites violence).
By contrast, the Court regularly places a lower priority on, and affords
less protection to, fighting words, slander, libel, and commercial
speech.Key terms
establishment clause (p. 114)
free exercise clause (p. 114)Lemon test (p. 115)Practice Quiz Questions
- Which test does the Court use to determine if speech is
considered dangerous and should not be legally protected?
a Lemon test
b clear and present danger test
c Miller test
d direct incitement test
e balancing test - Flag burning is an example of that is currently
under the First Amendment.
a symbolic speech; protected
b symbolic speech; not protected
c hate speech; protected
d hate speech; not protected
e offensive slander; not protected
The right to bear arms
Explore why the Second Amendment’s meaning on gun
rights is often debated. (Pages 130–131)Summary
The Supreme Court has done little to define what freedoms are
established in the Second Amendment, largely preferring to allow the
national, state, and local governments to make their own laws. The
majority of public sentiment appears in favor of continued gun ownership,
and limitations on Second Amendment rights appear unlikely.Practice Quiz Question
- What is the best summary of the current position of the
Supreme Court on the Second Amendment?
a The Court has upheld most gun control laws, both at the state and
national level, arguing that there is no individual right to own guns.
b The Court has upheld most gun control laws at the state level but
struck down federal gun control laws, arguing that the Second
Amendment only applies to Congress.
c The Court has struck down some state and national limitations on
gun ownership, arguing that the Second Amendment protects an
individual right to bear arms.
d The Court has struck down all state and national limitations on
gun ownership, arguing that the Second Amendment protects an
individual right to bear arms.
e The Court has refused to take a general position on the individual
right to bear arms.
Key terms
strict scrutiny (p. 118)
intermediate scrutiny (p. 118)
clear and present danger test
(p. 118)
direct incitement test (p. 119)
symbolic speech (p. 120)
hate speech (p. 122)prior restraint (p. 125)
fighting words (p. 126)
slander (p. 126)
libel (p. 126)
commercial speech (p. 127)
Miller test (p. 128)Full_05_APT_64431_ch04_102-147.indd 146 16/11/18 1:33 PM