AP Government Unit 3 Key Terms

Civil Rights

the legal protections of the rights of individuals under the Constitution

Civil Liberties

these protections against government actions

Defamation

false speech that damages a person’s reputation (libel or slander) - unprotected speech

Offensive Speech

language designed to offend persons or groups - protected speech

Obscene Speech

unprotected speech that is sexual, offensive, & lacking in social value (as decided by SCOTUS in Miller v. CA)

“heavy presumption against prior restraint”

government censorship of free expression by preventing the “speech” (publication) before it even happens — the government cannot censor things (like the news) without really good reason

DC v. Heller

D.C. had a law that stated nobody could own a gun unless they had proof they were in a militia; SCOTUS ruled that this violated the 2nd Amendment through the 14th Amendment’s selective incorporation, and that “militia” needed more concrete definition

“selective incorporation”

the process of applying the Bill of Rights to the states under the 14th Amendment

Miranda Rule

officers are required to inform someone being detained of their rights (Miranda v. Arizona)

“public safety exceptions” in searches

when the risk to public safety outweighs the needs for probable cause/a warrant

Pre-Trial Rights

rights the accused has before their trial, including:

1. protection from self-incrimination

2. Due Process

3. speedy + public trial

4. right to an attorney/lawyer

5. impartial jury

6. know your accuser

7. nature of charges

8. against excessive bail

Patriot and USA Freedom Acts

law that broadened federal powers to monitor communities as a result of 9/11

warrantless searches

illegal, unless their is consent; public safety risk; or other exigent circumstances

penumbra rights

implied rights provided in the Constitution applied to the people

Hyde Amendment of 1976

Medicaid will not pay for an abortion unless the woman’s life is in danger or the pregnancy is a result of rape or incest

Pierce v. Society of Sisters

upheld the rights of parents to make educational decisions on behalf of their children

• Due Process protects individual liberties

  • the right to marry, have children, marital privacy, and abortion

Board of Education v Earls (2008)

5-4, the suspicion-less drug testing of students participating in competitive extracurriculars did not violate the 4th Amendment

class action suits

when a plaintiff sues or a defendant is sued on behalf of a class of plaintiffs or defendants

pro-choice, pro-life

the two sides of the abortion debate; pro-choice believes in a woman’s full right to choose and pro-life believes abortion should be outlawed and women don’t have a choice (with some exception for rape, incest, or harm to the mother’s life)

LGBT

lesbian, gay, bisexual, transgender

Title II

prohibits segregation or discrimination in places of public accommodations involved in interstate commerce

Title VII

no discrimination; no retaliation

Title IX

no person in the US on the bases of sex shall be excluded from receiving Federal financial assistance

Hatch Amendment

parents control the permission for their students’ information to be collected if the information covers political affiliations, mental status, appraisals, religion, or income levels

Reed v. Reed (1971)

equal protection clause; the Idaho law’s dissimilar treatment of men & women was unconstitutional