APGov 8

writ of habeas corpus

A legal order that requires a person under arrest to be brought before a judge, ensuring that the detention is lawful. It protects against arbitrary imprisonment.

bill of attainder

A legislative act that singles out and punishes a specific individual or group without a trial, violating the principle of due process.

ex post facto laws

Laws that make an action illegal retroactively, punishing individuals for acts that were legal when committed, violating principles of legal fairness.

Privileges and Immunities Clause

A constitutional provision that prevents states from discriminating against citizens of other states, ensuring that all citizens have equal rights and protections under the law.

BARRON v. BALTIMORE

A landmark Supreme Court case in 1833 that held that the Bill of Rights does not apply to state laws, affirming the principle of federalism.

Amendment XIV

An amendment to the United States Constitution that guarantees equal protection under the law and due process for all citizens.

Prohibited states from enacting laws contradicting rights of citizens, led to selective incorporation of BoR

GITLOW v. NEW YORK

A significant Supreme Court case in 1925 that ruled the First Amendment's free speech protection applies to state governments through the Fourteenth Amendment, marking the beginning of selective incorporation.

Procedural due process

Legal requirement that the state must respect all legal rights belonging to a person, ensuring fair treatment in the legal system.

Substantive due process

A constitutional doctrine that protects certain fundamental rights from government interference, requiring laws to be fair and reasonable. Abortion, sexual conduct, family matters, limitation of government

Establishment Clause

prohibits the government from establishing an official religion or favoring one religion over another. It is part of the First Amendment to the U.S. Constitution.

Free exercise clause

part of the First Amendment that protects individuals' rights to practice their religion without government interference.

Endorsement Test

A principle used by the Supreme Court to determine whether government action amounts to an endorsement of religion, assessing if it communicates a message of government support for religion over non-religion.

Does the government action/law endorse a religion?

Lemon Test

A three-part test established by the Supreme Court to determine if a law violates the Establishment Clause. It assesses whether a law has a secular purpose, whether it advances or inhibits religion, and whether it fosters excessive government entanglement with religion.

ENGEL v. VITALE

A landmark Supreme Court case from 1962 that ruled it unconstitutional for state officials to compose an official school prayer and encourage its recitation in public schools, asserting the violation of the Establishment Clause.

WISCONSIN v. YODER

A Supreme Court case in 1972 that held that the state's interest in educating children did not outweigh the First Amendment right of Amish parents to refuse to send their children to public school beyond the eighth grade, affirming the importance of religious freedom.

Pure speech

Verbal expression of ideas without conduct, protected by the First Amendment.

Alien and Sedition Acts

A series of laws passed in 1798 that restricted free speech and the press, aimed primarily at curbing dissent against the federal government and making it harder for immigrants to vote.

Espionage Act

A law enacted in 1917 that made it a crime to interfere with military operations or support U.S. enemies during wartime, particularly targeting dissent and anti-war sentiments.

Clear and Present Danger Test

A legal standard used to determine when speech can be restricted based on the potential harm it may cause, established in Schenck v. United States.

SCHENCK v. U.S.

A landmark Supreme Court case from 1919 that established the Clear and Present Danger Test for evaluating restrictions on free speech.

Patriot Act of 2001

A law passed in response to the September 11 attacks that expanded the government's surveillance and investigative powers to prevent terrorism.

The Miller Test

A three-pronged standard used by courts to determine whether speech or expression can be deemed obscene and therefore not protected by the First Amendment.

1. If material is “taken as a whole” appeals to prurient interests

2. If work describes sexual conduct offensively against state law

3. If work as a whole lacks literary, artistic, political, or scientific value

Balancing Test

A judicial standard used to determine whether certain governmental actions infringe upon constitutional rights, weighing individual freedoms against the public interest.

BRANDENBERG v. OHIO

A landmark Supreme Court case that established the standard for protected speech under the First Amendment, determining that advocacy of illegal action is protected unless it incites imminent lawless action.

Incitement Act

A legal standard concerning speech that encourages unlawful conduct, determining if such speech can be restricted when it poses a clear and present danger of inciting imminent lawless action.

Speech Plus

A form of speech that combines verbal expression with expressive conduct, such as demonstrations or protests, which can be protected under the First Amendment.

TINKER v. DES MOINES

A landmark Supreme Court case that upheld students' rights to free speech in schools, ruling that students do not lose their First Amendment rights at the schoolhouse gate.

Prior Restraint

A legal doctrine that prohibits government actions restraining speech or publication before it occurs, often considered a violation of the First Amendment.

NYT v. US

A landmark Supreme Court case that upheld the freedom of the press and allowed The New York Times to publish the Pentagon Papers without government censorship.

Freedom of Information Act

A federal law that grants the public the right to access information from the federal government, promoting transparency and accountability.

Shield law

A law designed to protect journalists from being compelled to reveal their confidential sources or unpublished information in legal proceedings.

Amendment IV

Protects citizens from unreasonable searches and seizures, requiring law enforcement to have probable cause to obtain a warrant.

Probable cause

A reasonable basis for believing that a crime may have been committed, which is required to obtain a search warrant or make an arrest.

Affidavid

A written statement confirmed by oath or affirmation, used as evidence in legal proceedings.

KATZ v. US

A landmark Supreme Court case that established the "reasonable expectation of privacy" standard, ruling that warrantless wiretaps violated the Fourth Amendment.

Plain view

No warrant needed

TERRY v. OHIO

A significant Supreme Court case that upheld the stop-and-frisk rule, allowing police to stop and search individuals based on reasonable suspicion.

Exclusionary rule

A legal principle that prohibits the use of illegally obtained evidence in a court of law, reinforcing the Fourth Amendment protections.

Determines whether evidence is admissible

MAPP v. OHIO

A landmark Supreme Court case that extended the exclusionary rule to state courts, establishing that evidence obtained in violation of the Fourth Amendment cannot be used in state prosecutions.

good faith exception

permits evidence typically excluded to be introduced in a trial

MIRANDA v. ARIZONA

Miranda rule, must be informed rights when arrested

Speedy Trial Act of 1974

trial must begin within 100 days after arrest

GIDEON v. WAINWRIGHT

Habeas Corpus (right of a citizen to be protected), right to counsel