AP GOV VOCAB #3

prior restraint

it acts as a form of pre-publication or advance censorship, such as licensing requirements, permit systems, or judicial gag orders (new york v. united states)

civil liberties

rights and freedoms protected from government interference - due process clauses in the 5th and 14th amendment

civil rights

collective/group rights - equal protection clause of the 14th amendment

selective incorporation

14th amendment due process clause taking certain rights and making states follow them - not just the federal government

imminent lawless action standard

if it directly and immediately shows illegal activity, it is not protected

libel (written) and slander (said)

false statements that tend to destroy or hurt someones reputation

obscenity/obscene

if something is obscene it is not protected - judged by “average person” applying “contemporary community standards” - “purient” - “sexual conduct defined by state law” - “must be serious, literary, artistic, political, or scientific value”

symbolic speech

visual speech

narrowly tailored

a government rule or law is precisely crafted to achieve a vital goal without restricting more rights than necessary and remain legal

the free exercise clause

practicing religion must be safe and cannot include illegal activity

the exclusionary rule

excludes unconstitutional evidence: if no warrant, no evidence

collective-right theory

the right to bear arms for the state

individual right theory

right to bear arms for personal individual use

FISA courts

warrantless searches of “non-US persons located abroad”

miranda rights

right to counsel, right to remain silent, right to stop answering questions (right against self-incrimination)

penumbras and emanations

establishes right to privacy and puts amendments together to show privacy protection

substantive due process

the fifth and fourteenth amendments protect certain fundamental rights from government interference, even if those rights are not explicitly written in the U.S. Constitution.

affirmative action

who you hire based on diversity - policies and procedures designed to improve opportunities for members who faced historical discrimination

DEI (diversity, equity, and inclusion)

who you treat on based on diversity