AP Government Review - Civil Liberties

Flashcards reviewing key vocabulary, court cases and concepts related to Civil Liberties and Public Policy.

Civil Liberties

Protections of individuals/groups against the government; not absolute and have limitations to balance protecting public order and individual freedom.

Bill of Rights

Added to the Constitution to appease concerns of Anti-Federalists; the first 10 Amendments to the Constitutions.

Incorporation Doctrine

Application of some rights to state government.

Establishment Clause

Part of the 1st Amendment; prohibits the government from making an official religion or favoring one religion over another.

Free Exercise Clause

Part of the 1st Amendment; prohibits the denial of a citizen's freedom to worship (or not to worship) as they want.

Engel v. Vitale

Supreme Court case that ruled a public school cannot sponsor prayer, as it is unconstitutional.

Equal Access Act (1984)

Students must be allowed to use school grounds for religious worship if they allow other groups to host meetings.

Lemon v. Kurtzman (1971)

Dealt with the issue of federal funding to parochial schools; court ruled aid must have a secular legislative purpose, the primary effect of aid must neither advance nor inhibit religion and must not foster excessive government entanglement with religion.

Zelman v. Simmons-Harris (2002)

Supreme Court case that ruled vouchers could be used to pay tuition at religious schools

Wisconsin v. Yoder (1972)

Forcing Amish students to attend school past 8th grade violates the free exercise clause.

Prior Restraint

Censorship by the government; stopping publication of material in advance; generally unconstitutional.

Schenck v. U.S. (1919)

Speech could be restricted if it poses a 'clear & present danger.'

Brandenburg v. Ohio (1969)

Established the 'imminent lawless violence' standard; government can't punish inflammatory speech unless it is likely to incite imminent lawless action.

Libel

Written defamation; malicious false statements that hurt an individual's reputation are not protected speech.

Slander

Spoken defamation; malicious false statements that hurt an individual's reputation are not protected speech.

Symbolic Speech

An action that expresses an opinion; protected by the 1st amendment; not absolute.

Freedom of Assembly

Right of citizens to gather together to make a statement; not absolute, requires permits and adherence to time, place, and manner restrictions.

Second Amendment

The rights to bear arms; debated as the right of states to create militias vs. an individual right to bear arms.

Fourth Amendment

Provides protection against unreasonable searches and seizures; need a warrant, probable cause, and has the exclusionary rule.

Exclusionary Rule

Illegally obtained evidence cannot be used by the prosecution

Fifth Amendment

Protects against self-incrimination & places the burden of proof on the prosecution; guarantees 'due process of law.'

Miranda v. Arizona (1966)

Ruled that the police must inform an accused person of their rights.

Sixth Amendment

Guarantees the right to a speedy and public trial, an impartial jury, to be informed of charges, to confront accusers and have legal counsel.

Eighth Amendment

Forbids cruel and unusual punishment; exceptions to capital punishment exist for juveniles, the mentally ill, and the mentally retarded.

Right to Privacy

Not explicitly mentioned in the Constitution or Bill of Rights; inferred from other constitutional rights; protects a woman’s decision to end a pregnancy but it is not an absolute right.