govpol 5

due process of law

denies the government the right, without due process, to deprive people of life, liberty, and property

equal protection of the laws

a standard of equal treatment that must be observed by the government

freedom of expression

right of people to speak, publish, and assemble

Freedom of Religion

people shall be free to exercise their religion, and government may not establish a religion

prior restraint

censoring of a publication

selective incorporation process

The process whereby the Court has applied most, but not all, parts of the Bill of Rights to the states.

clear and present danger test

law should not punish speech unless there was a clear and present danger of producing harmful actions

Gitlow v. New York (1925)

Supreme Court says the First Amendment applies to states

Palko v. Connecticut (1937)

Supreme Court says that states must observe all "fundamental" liberties

McDonald v. Chicago (2010)

The Second Amendment that allows the people to keep and bear arms applies to state governments as well as the federal government

Libel

writing that falsely injures another person

symbolic speech

an act that conveys a political message

New York Times v. Sullivan (1964)

To libel a public figure, there must be "actual malice"

Tinker v. Des Moines (1969)

anti-war arm bands

Texas v. Johnson (1989)

There may not be a law to ban flag-burning

FEC vs. Wisconsin Right to Life (2007)

Prohibits campaign finance reform law from banning political advocacy

Citizens United v. FEC (2010)

allows corporations and labor unions to spend money on political advertisements

Free Exercise Clause

First Amendment requirement that law cannot prevent free exercise of religion

Establishment Clause

First Amendment ban on laws "respecting an establishment of religion"

wall of separation

court ruling that government cannot be involved with religion

exclusionary rule

improperly gathered evidence may not be introduced in a criminal trial

Mapp v. Ohio (1961)

Cleveland police entered home of Dolltree Mapp in search of a suspect in a bombing case. Did not find suspect, but arrested Mapp for possessing "obscene pictures"

search warrant

a judge's order authorizing a search

probable cause

reasonable cause for issuing a search warrant or making an arrest; more than mere suspicion