AP gov unit 3 tesr

Your protection against arbitrary government influence (garunteed by the constitution and the BOR)

Civil liberties

Clause in the 14th amd that prevents the gov from establishing a national religion

Establishment clause

Prevents Gov from stopping religious practices unless a religious act is illegal or threatens the interest of the community

Free exercise clause

Establishment clause case (1st) about prayer in schools NY

Engel v vitale

A measurable way to see if the gov has violated the establishment clause

The lemon test

Not required but still a court case, would have given money to teachers of secular subjects but that would have created excessive entanglement (created the lemon test)

Lemon v kurtzman

Free exercise case, Amish pulled their kids from school after 8th grade, won because it violates 1st amd and they know enough to not be burdens on society

Wisconsin v Yoder

Federal and state govs have to have __ to curb free speech

compelling governmental interest

Four aspects of the time place and manner test…

Restriction cannot suppress content of expression, must serve a significant gov interest, must be narrowly tailored, must be adequate alternate ways of expression

Expressions that offend the average citizen (not protected by the first amd)

Obscenity

Court case where he said adult materials through mass mail, court said obscenity should be defined by local community standards

Miller v California

Symbolic speech case, during Vietnam siblings wore arm bands to school, led to creation of the substantial disruption test-decision making criterion for how schools can constitutionally limit student speech

Tinker v Des Moines

Free speech case, The espionage act was passed by congress and he wrote a bunch of anti war pamphlet and distributed, court rules against him bc he was getting in the way of gov (draft)

Schneck v US

Schneck case created this and it says you cannot say anything that causes imminent lawlessness action

Clear and present danger test

Court case, where a civil rights group put an ad in NYT with false info abt city commissioner-commisioner sued and won 500k-NYT appealed and won

NYT v Sullivan

Court case during Vietnam NYT published pentagon papers to expose Gov has been lying to the public, Nixon attempts prior restraint (not allowed) freedom of press case (allows NYT to publish)

NYT v US

2nd amendment case, Had his house broken into so he wanted a handgun which was illegal in Chicago, wins bc 2nd amd was violated

McDonald v Chicago

Data that includes everything but the actual phone conversations (who calls who and for how long)

Metadata

Difference between due process clause of the 5th and 14th

The fifth is about the federal government and the fourteenth is about the state gov

Type of due process that addresses the manner in which a he law is carried out

Procedural due process

Type of due process that addresses the essence of a law- whether the law violates life/libery/property (is it constitutional for you to be in trouble)

Substantive due process

Selective incorporation case for the 4th amendment, police found obscene material and she was sent to jail but it wasn’t obtained with a warrant so she was set free (exclusionary rule)

Mapp v Ohio

5th amendment case, He didn’t know he had the right to remain silent he was charged and. Interrogated for two hours until he signed a confession

Miranda v Arizona

Puts the protection of people before the procedural protections for suspects (relates to Miranda v Arizona)

Public safety exception

6th amd case (right to an attorney), Broke into a pool hall and stole coins, is arrested and not given a lawyer, court ruled in gideons favor argued 6th applies via 14th amd and EPC

A law had barred married couples from receiving birth control literature and gris overturned this

1965 griswald v Connecticut

Addressed whether Texas/other states could rule on right to abortion- ruled that the right to abort a baby was between a woman and her doctor (4th amd) pro choice

1973 roe v wade

In 2021 overturned roe v wade, devolution to states (pro life)

Dobbs v Jackson

Protection from discrimination based on characteristics such as race color origin religion or sex

Ci

Civil rights are guaranteed due to the…

Equal protection clause

Letter that supports how equal protection clause justifies the civil rights movement, response to white clergy (church) in Alabama, by MLK junior

Letter from a Birmingham jail

Act that prohibits discrimination on basis of race, color religion sex or national origin-mainly applies to hiring, promoting, and firing

1964 civil rights act

Act that allowed federal gov to oversee elections in southern states to make sure laws were being followed- ended the literacy test and other voting obstacles, precedence (state govs pre cleared to intervene with non compliant state govs)

Voting rights act of 1965

Pro equality groups pressured courts to apply ___ -legislation is narrowing tailored to avoid violation of laws

Strict scrutiny

Grantees that women have the same rights as men in education in schools receiving federal gov funding

Title IX

Established that separate but equal facilities WERE constitutional in 1896 (NAACP had sued to overturn several times)

Plessy v Ferguson

Equal protection case (14th) parents sued to have black daughter bussed to white school bc it’s closer, overturns “separate but equal”, court ruled integration must begin “with all deliberate speed” which was used as a loophole for schools to incorporate slowly

Brown v board of education

LAWS require segregation (Jim crow laws) (think de jure, de jury)

De jure segregation

Matter of fact segregation

De facto segregation

Swan v mecklenburg allowed for the bussing of students to white schools to ensure that the ratio of black/white students to meet legal standards

Enrollment banking

Response to swann v mecklenburg where white people intentionally moved out of cities to ensure majority white schools

White flight

Label placed in institutional efforts to diversify race gender or otherwise. 2 schools of thought: 1-institutions should remain blind to race 2-Gov/companies should actively meet quotas an protect minorities

Affirmative action