FRQ UNIT 3 AP US GOV

Identify the civil liberty that is common to both Citizens United v. Federal Election Commission (2010) and United States v. Eichman (1990)

The First Amendment right to free speech, which protects political expression and symbolic speech.

Explain how the reasoning in Citizens United v. Federal Election Commission and United States v. Eichman led to a similar holding in both cases.

In “Citizens United”, the reasoning of the court led it to hold that political advertisements and communications were a protected form of free speech.

In Eichman, the court reasoned that burning a flag in protest was symbolic speech.

In both cases, the court held that the action was a form of speech that the First Amendment protects.

Explain how those unhappy with the precedent established in Eichman can use a constitutional process to have it overturned.

Congress can propose an amendment to the Constitution, which would then need to be ratified by three-fourths of the states.

Identify the First Amendment clause that is common to both Wisconsin v. Yoder (1972) and Cantwell v. Connecticut (1940).

The Free Exercise Clause, which protects the right to practice one's religion without government interference.

Explain how the facts in Wisconsin v. Yoder and Cantwell v. Connecticut resulted in the Supreme Court issuing similar holdings in both cases.

While Yoder was about school attendance and Cantwell was about solicitation, both cases concerned legal restrictions on religious practice. In both cases, the Court held that the laws were unconstitutional because they violated the free exercise clause

Explain how the facts of Cantwell v. Connecticut (1940) illustrate the Court's need to balance government power and the rights of citizens.

In Cantwell, the Court had to balance the government’s power to regulate door to-door solicitation with the right of citizens to freely practice their religion.