AP Gov - Civil Liberties and Civil Rights - Basically the Final :)

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15 Terms

1
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Writ of Habeas Corpus

You must be brought before the court and informed of charges against you

2
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No Bills of Attainder

You cannot be punished without a trial

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No Ex Post Facto Laws

Laws applied to acts committed before the laws' passage are unconstitutional.

4
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Everson v. Board of Education

Court upheld a New Jersey policy of reimbursing parents of Catholic school students for the costs of busing their children to school

- Establishment case

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Engel v. Vitale

- Court ruled school-sanctioned prayer in public schools is unconstitutional

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Lemon v. Kurtzman

Court struck down a Pennsylvania law reimbursing parochial schools for textbooks and teacher salaries

- Controlling case

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Lemon Test

To pass the test a law must meet all three of the following:

1. have a primarily secular purpose

2. principal effect neither aids nor inhibits religion

3. must not create an excessive entanglement between government and religion

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Reynolds v. US

The court upheld the federal law that prohibited polygamy even though the defendent, a Mormon from Utah, claimed that the law limited his religious freedom

- Trying to prevent enslavement of women = compelling gov interest

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Wisconsin v. Yoder

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Alien and Sedition Acts

Law passed by Congress making it illegal to say anything "false, scandalous and malicious against the gov or ots officials".

- never challenged in court

- expired in 1801

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Schenk v. US

Defendant mailed fliers to draftees during WWI urging them to protest the draft peacefully; he was convicted of violating a federal law against encouraging the disobedience of military orders. Court opinion said that such speech was not protected during wartime becuase it owuld create a clear and present danger

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1917 Espionage Act

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Clear and Present Danger Test

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Gitlow v. NY

The court applied the protections of free speech to the states under the due process clause of the 14th Amendment

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Tinker v. Des Moines

Court ruled that wearing black armbands in protest of the Vietnam War was symbolic speech, protected by the First Amendment