When eligibility standards are challenged in the courts, they must in most circumstances withstand only
rational basis scrutiny
. Students attending a school that is a member of a voluntary athletic association are also considered to be voluntary members of the association.
How does the 1st Amendment protect the media?
The First Amendment
protects individuals from government censorship
. Social media platforms are private companies, and can censor what people post on their websites as they see fit.
Which decision is indicative of how the Supreme Court interpreted the Fourteenth Amendment and state discretion in civil rights matters in the decades after the Civil War but before World War II?
35. (p. 81) Which decision is indicative of how the Supreme Court interpreted the Fourteenth Amendment and state discretion in civil rights matters in the decades after the Civil War?
state regulation of labor practices violated firms' property rights.
Which type of media has the highest level of protection under the First Amendment?
Yes, the U.S. Supreme Court ruled in Reno v. ACLU (1997) that
speech on the Internet
receives the highest level of First Amendment protection.
Which case is landmark in defining freedom of speech for high school student athletes?
In the landmark 1969 student-speech case,
Tinker v. Des Moines Independent Community School District
, the court ruled that siblings Mary Beth and John Tinker had a free-speech right to wear black armbands to protest U.S. involvement in the Vietnam War.
What does the 1st Amendment not protect?
Categories of speech that are given lesser or no protection by the First Amendment (and therefore may be restricted) include obscenity, fraud, child pornography, speech integral to illegal conduct, speech that
incites imminent lawless action
, speech that violates intellectual property law, true threats, and commercial …
What did the 12 amendment do?
The Twelfth Amendment (Amendment XII) to the United States Constitution provides the procedure for electing the president and vice president. It replaced the procedure provided in Article II, Section 1, Clause 3, by which the Electoral College originally functioned.
What rights does the 14th Amendment Protect?
The 14th Amendment to the U.S. Constitution, ratified in 1868, granted citizenship to all persons born or naturalized in the United States—including former enslaved people—and
guaranteed all citizens “equal protection of the laws
.” One of three amendments passed during the Reconstruction era to abolish slavery and …
What are the two types of due process violations?
Due process under the Fourteenth Amendment can be broken down into two categories:
procedural due process and substantive due process
.
What is the 14th Amendment in simple terms?
Fourteenth Amendment, amendment (1868) to the Constitution of the United States that
granted citizenship and equal civil and legal rights to African Americans and slaves who had been emancipated after the American Civil War
, including them under the umbrella phrase “all persons born or naturalized in the United States. …
Should the 1st Amendment freedom of speech extend to Internet communications?
American Civil Liberties Union (1997) the Supreme Court struck down this law as being too vague. … Instead, the Court ruled that speech on
the Internet should receive the highest level of
First Amendment protection—like that extended to the print media.
Is the 1st Amendment freedom of speech absolute?
The right to free speech is not absolute
. The U.S. Supreme Court has ruled that the government sometimes may be allowed to limit speech.
The text of the First Amendment itself
only prevents Congress
(i.e., U.S. Congress) from making laws that restrict the freedom of speech. … In other words, a private person or private company (such as a social media company) cannot violate your constitutional free speech rights, only the government can do so.
What is the difference between the Tinker standard and Fraser standard?
Under the Fraser standard, school officials look not merely to the reasonable risk of disruption—the Tinker standard—but would also
balance the freedom of a student's speech rights against the school's interest
in teaching students the boundaries of socially appropriate behavior.
What speech is not protected in schools?
Obscenity
.
Fighting words
.
Defamation
(including libel and slander) Child pornography.
Does freedom of speech apply to school?
Students can speak, write articles, assemble to form groups and even petition school officials on issues. The U.S. Supreme Court has said that students “
do not shed their constitutional rights to freedom of
speech and expression at the schoolhouse gate.” … Private schools, however, aren't arms of the government.
