AP Gov Civil Liberties Vocab Part 2

Free Exercise Clause

Clause in the First Amendment that guarantees citizens the right to practice their religion as they please; “…or prohibiting the free exercise thereof”; in terms of sk cases, both students and adults can practice, so long as its not super disruptive to class

What is the difference between the Free Exercise Clause and the Establishment Clause?

Free Exercise Clause=right to practice religion

Establishment Clause=gov can't favor/set/endorse/coerce a religion

Wisconsin v. Yoder (AP case)

SC case ruling that Amish families could not be forced to send their children to school past the 8th grade; set precedent that an indiv.’s interests in free exercise of religion outweighs the State’s interests in compelling/forcing school attendance

Wisconsin v. Yoder Specifics

• Wisconsin had a compulsory skl attendance law which conflicted w/ Amish tradition that after MS, Amish ppl leave skl to work w/ their family (parents specifically)

• brought to SC → ruling of violation of 1st amendment b/c required attendance PAST 8th grade interfered w/ Amish parents right to direct their child’s religious upbringings

West Virginia BOE v. Barnette

SC case which ruled that public skl’s can’t force students to salute the flag or say the Pledge of Allegiance b/c it violated the children’s free exercise rights + right to free speech

How did the West Virginia BOE’s requirement of the recitation of the Pledge violate students Free Exercise Rights + Right to Free Speech?

• Free exercise rights b/c Jehovah's Witnesses, Barnette, cannot swear allegiance to a flag

• Right to free speech b/c law compelled them to speak smthing they didn’t believe in

Schneck v. US (AP Case)

SC Case establishing the "clear and present danger" test, ruling that the government can limit speech if it provokes a clear danger (like shouting "fire" in a crowded theater or interfering with a military draft, which is what happened in the case)

What does it mean when the US is involved as a party in a case?

The case involves the federal government (and/or?) a federal crime has been committed

New York Times Company v. US

SC Case involving distribution of "Pentagon Papers"; ruled in favor of freedom of the press by establishing a "heavy presumption against prior restraint" (government censorship), even in cases involving national security

New York Times Company v. US Specifics

• Took place during the Vietnam War, when an insider leaked the Pentagon Papers to NYT

  • Pentagon Papers detailed US military and political involvement in Vietnam

• Gov didn’t like and brought to SC

• SC rule in favor of NYT, saying that to exercise prior restraint (gov censorship), gov must show sufficient evidence that the publication would cause a “grave and irreperable” danger

What was special about the decision for New York Times Company v. US?

It was a “per curiam” decision; each SC justice in the majority had given a different opinion for the ruling, so a brief per curiam decision was issued by the “whole Court” instead of js one justice

Tinker v. Des Moines (AP case)

SC case that guaranteed a student's right to symbolic speech (wearing black armbands to protest the Vietnam War) + expanded 1st amendment to symbols, not js speech; ruling said that a skl must show that the speech (symbol) in question causes material/significant disruption to the learning environment

What was the famous expression from Tinker v. Des Moines?

Students do not "shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.”, by Justice Abe Fortas

Miranda v. Arizona

SC case ruling that the Fifth Amendment requires law enforcement to advise suspects of their right to remain silent during POLICE INTERROGATIONS, not just trials + their right to an attorney; led to "Miranda Rights" being read during arrests