AP GOV-Civil Liberties

supreme courts role in interpreting bill of rights

balancing individual freedoms and public safety concerns

amendments in bill of rights

10

incorporations

supreme court applies civil liberty provisions of bill of rights to states in cases

first amendment

freedom of religion, press, speech, assembly, and petition

the establishment clause

prevents federal gov from establishing national religion

lemon test

test for establishment clause-law must have secular purpose and no religious affiliation or inhibition

why did SCOTUS stop using lemon test

to place more emphasis on religious expression

Free exercise clause

provision of 1st Amendment-prohibits gov from interfering with practice of religion

Sherbert test

person must have valid claim government is restricting their religion

Tension between establishment clause and free exercise clause

actions preventing establishment of religion might affect exercise of religion

what speech is more protected

political speech

schenck v US

limits freedom of speech by saying it cannot be dangerous

Direct incitement standard

gov can only limit speech if it results in illegal action

symbolic speech

nonverbal speech that is protected by first amendment

libel

defamation in written form

slander

spoken defamation

Miller test

used by courts to determine definition of obscenity based on local standards

fighting words

not protected speech

commercial speech

communication for money/advertising-can be restricted

prior restraint

gov censorship of info before it is published/broadcast (relates to freedom of the press)

when is freedom of the press limited

when it prohibits a fair trial

Barron v Baltimore

bill of rights provides protections for citizens civil liberties at federal level only

Gitlow v New York

first case SC applies incorporation to states

14th Amendment

due process clause

Lemon v Kurtzman

establishment clause

Sherbert v Verner

free exercise clause

Engel v Vitale

daily prayer in schools violates establishment clause

Lemon v Kurtzman

states giving financially to private schools to teach secular subjects violates establishment clause

Kennedy v Bremerton

overturned lemon test-free exercise and free speech clause protect praying in schools