AP GOPO Unit 3

Habeas Corpus

A legal principle that protects against unlawful and indefinite imprisonment, requiring a person under arrest to be brought before a judge or into court.

Civil Liberties

Personal freedoms protected from government interference or deprivations by constitutional guarantee.

Bill of Rights

Schenck v. United States

Engel v. Vitale

Tinker v. Des Moines

New York Times C. v. United States

Wisconsin v. Yoder

McDonald v. Chicago

Gideon v. Wainwright

Public Interest

Welfare or well-being of the general public

Wall of Seperation

Supreme Court constructed this between the church and the state.

Establishment Clause

Prevents the federal government from establishing a national religion. From the 1st amendment.

Free Exercise Clause

Prevents governments from stopping religious practices. From the 1st Amendment.

Lemon Test

Court created a measure of whether or not the state violated the establishment clause in Lemon v. Kurtzman. Court has recently abandoned the Lemon Test.

Parens Partiae

Parental authority

Time, Place, and Manner Test

Restriction must be content-neutral, and must not suppress the content of the expression. Must serve a significant government interest. Restriction must be narrowly tailored to avoid spillover in other areas. There must be adequate alternative ways of expression.

Symbolic Speech

Cannot invoke to defend an action that might otherwise be illegal.

Obscene Speech

1st amendment does not protect it, and no national standard fully defines it.

Miller Test

Standard in obscenity cases. Average person finds it appeals to community standards and interest. Depicts or describes, in an offensive way, s*xual conduct specifically defined by state law. It lacks serious literary, artistic, political, or scientific value.

Clear and Present Danger

Balances the competing needs of protecting the demands of free expression and the government protecting a free society.

Libel

Refers to false statements in print about someone that defames or damages that person reputation.

Breathing Space

Even false statements therefore, must be protected, because freedoms of expression need space to survive.

Malicious Intent

A writer purposefully writing something false to defame another person, group, or thing, and damages were sustained.

Prior Restraint

The right to stop spoken or printed expression in advance.

Second Amendment

National Firearms Act

Required registration of certain weapons, imposed a tax on sale and manufacture of certain guns, and restricted the sale and ownership of high-risk weapons such as sawed-off shotguns and automatic machine guns.

Gun Control Act of 1968

Ended mail order sales of all firearms and ammunition and banned the sale of guns to felons, fugitives, illegal drug users, people with mental illness, and those dishonorable discharged from the military.

Brady Handgun Violence Prevention Act in 1993

Law established a five days airing period for handgun purchases to allow for a background check. Also serves as a potential cool off period for anyone buying a gun out of anger.

Fourth Amendment

Selective Incorporation

Process of declaring only certain, or selected, provisions of the Bill of Rights applicable to the states rather than all of them at once.

Due Process

Prevents government decisions that would cause mistaken or abusive taking of life, liberty, or property.

Fourteenth Amendment

Just Compensation Clause

Fifth Amendment

Procedural Due Process

Addresses the manner in which the law is carried out.

Substantial Due Process

Addresses the essence of a law, whether the point of the law violates a basic right to life, liberty, or property.

Exclusionary Rule

States that evidence the government finds or takes in violin of the fourth amendment can be excluded from the trial.

USA FREEDOM Act

The law doesn’t completely eliminate the collection and storage of metadata by cell phone operators, but does require the executive branch to acquire a warrant to examine it.

Sixth Amendment

Roe v. Wade

Hyde Amendment

Restricts federal funding for abortions, except for pregnancies cause by i*cest, r*pe, or those endangering the life of the mother.

Equal Protection Clauses

Civil rights protected under this.

Civil Rights

Protections from discrimination based on such characteristics as race, color, national origin, religion, and s*x.