AP GOV Unit 5 Vocab; Civil Liberties

Bill of Rights

The first ten amendments to the U.S. Constitution that protect individual freedoms and limit government power

Civil Liberties

Basic rights and freedoms guaranteed to individuals by the Constitution, especially in the Bill of Rights

Know the contents of Amendments 1-10

The first amendment protects religion, speech, press, assembly, petition; second right to bear arms; third no quartering soldiers; fourth protection from unreasonable searches; fifth rights of accused (due process, self-incrimination); sixth right to fair trial; seventh jury trial in civil cases; eighth no cruel and unusual punishment; ninth rights retained by people; tenth powers reserved to states

RAPPS

An acronym for First Amendment freedoms: Religion, Assembly, Press, Petition, Speech

Fourteenth Amendment

Amendment that guarantees equal protection of the laws and due process to all citizens and is key to applying the Bill of Rights to the states

Due process clause

Part of the 5th and 14th Amendments that states the government cannot deprive a person of life, liberty, or property without fair procedures

Procedural due process

Government must follow fair procedures and steps before depriving someone of rights

Substantive due process

Protects fundamental rights from government interference, even if procedures are fair

Gitlow v. New York (1925)

Supreme Court case that applied the First Amendment to the states using the Fourteenth Amendment (start of selective incorporation)

Selective incorporation

Process by which the Supreme Court applies Bill of Rights protections to the states through the Fourteenth Amendment

Free exercise clause

Part of the First Amendment that protects individuals’ right to practice religion freely

Establishment clause

Part of the First Amendment that prohibits the government from establishing an official religion

Lemon v. Kurtzman (1971)

Case that created the Lemon Test to determine if a law violates the Establishment Clause

“Wall of separation”

Idea that government and religion should be kept separate

Engel v. Vitale (1962)

Case that ruled school-sponsored prayer in public schools unconstitutional

Wisconsin v. Yoder (1972)

Case that allowed Amish families to remove children from school for religious reasons

Kennedy v. Bremerton School District (2022)

Case that allowed a public school coach to pray on the field, expanding free exercise rights

Freedom of expression

Right to express ideas and opinions through speech, press, assembly, and other forms

Espionage Act 1917

Law that made it a crime to interfere with military operations or support enemies during wartime

Schenck v. US (1919)

Case that established the “clear and present danger” test for limiting speech

“Clear and present danger” test

Standard that allows the government to restrict speech that poses an immediate threat

Brandenburg v. Ohio (1969)

Case that ruled speech can only be limited if it incites imminent lawless action

Prior restraint

Government censorship of speech before it is published

NYT v. US (1971)

Case that limited prior restraint and allowed publication of the Pentagon Papers

Symbolic speech

Nonverbal communication that expresses ideas (e.g., wearing armbands)

Tinker v. Des Moines Independent Community School District (1969)

Case that protected student symbolic speech in schools unless it disrupts learning

Morse v. Frederick (2007)

Case that allowed schools to restrict student speech promoting illegal drug use

Libel

Written false statements that damage a person’s reputation

Slander

Spoken false statements that damage a person’s reputation

Hate speech

Speech that attacks or discriminates against a group but is generally protected under the First Amendment

Obscenity and pornography

Sexually explicit material that is not protected if it meets the legal definition of obscenity

Time, place, manner regulations

Government restrictions on when, where, and how speech can occur, as long as content-neutral

Freedom of Assembly

Right to gather in groups for political or social purposes

D.C. v. Heller (2008)

Case that ruled individuals have the right to possess firearms for self-defense

McDonald v. Chicago (2010)

Case that applied the Second Amendment to the states through incorporation

Ex post facto laws

Laws that punish actions retroactively after they were committed

Bills of attainder

Laws that punish a person without a trial

Writ of habeas corpus

Right to challenge unlawful detention in court

Warrant

Legal document allowing police to search or arrest, issued by a judge

Probable cause

Reasonable belief that a crime has been committed, required for warrants

Exclusionary rule

Evidence obtained illegally cannot be used in court

USA Patriot Act

Law passed after 9/11 that expanded government surveillance powers

Grand jury

Group that determines whether there is enough evidence to charge someone with a crime

Double jeopardy

Protection against being tried twice for the same crime

Miranda rule

Requirement that police inform suspects of their rights before questioning

Gideon v. Wainwright (1963)

Case that guaranteed the right to an attorney for criminal defendants

Bail

Money paid to be released from jail while awaiting trial

Griswold v. Connecticut (1969)

Case that established the right to privacy in marital relations

Penumbra theory & amendments associated with privacy

Idea that privacy rights come from implied protections in amendments like the 1st, 3rd, 4th, 5th, and 9th

Roe v. Wade (1973)

Case that established a constitutional right to abortion based on privacy

Dobbs v. Jackson (2022)

Case that overturned Roe v. Wade and returned abortion regulation to the states

Unenumerated rights

Rights not explicitly listed in the Constitution but inferred from it