AP US Gov Unit 10

civil liberties

• constraints on government power

• fundamental freedoms of the Bill of Rights

• ex. freedom of speech

civil rights

-freedoms from discrimination (equality)

-ex. right to vote

due process clause

prohibits the federal (5th) and state (14th) governments from depriving any person of "life, liberty, or property, without due process of law"

equal protection clause

14th Amendment clause that prohibits states from denying any person within their jurisdiction "the equal protection of the laws”

selective incorportation

the Supreme Court, on a case-by-case basis, applies most liberties in the Bill of Rights to the states—not just the federal government—using the Due Process Clause ("...nor shall any State deprive any person of life, liberty, or property, without due process of law")

SPARP

1st amendment freedoms of:

• Speech

• Press

• Assembly

• Religion

• Petition

clear and present danger test

-established in Schenck v. United States (1919)

-determines when speech can be restricted under the First Amendment

-It allows the government to limit speech that creates an immediate, serious threat to safety or national security

-ex. inciting illegal acts or hindering war efforts

slander

spoken false statements that damage a person’s reputation, which are not protected under the First Amendment

libel

written false statements that damage a person’s reputation, which are not protected under the First Amendment

malicious intent

publisher must have knowledge of a statement's falsity or have reckless disregard for whether it was true or false to be labelled as libel instead of a simple mistake

reckless disregard for the truth

publishing defamatory information while highly aware of its probable falsity, part of the test for malicious intent

obscenity

sexually explicit material that is unprotected by the First Amendment

zoning laws

divide land into specific districts (zones)—such as residential, commercial, or industrial—to control land use, density, and building development

ex. separating factories from residential neighborhoods

symbolic speech

nonverbal, nonwritten communication that conveys a political or social message, protected under the First Amendment

ex. flag burning, armbands, or sit-ins

false advertising

misleading claims in promotional materials to entice consumers into purchasing a product or service, illegal according to FTC

preferred position

certain fundamental constitutional rights—particularly First Amendment freedoms like speech, press, and religion—are entitled to greater protection than others

prior restraint

prohibiting the government from censoring or restricting speech or publication before it occurs

censorship

government's suppression or regulation of speech, press, or public communication to control information

imminent danger

-allowing the government to limit free speech only if it is likely to incite immediate lawless action

-it replaced the looser "clear and present danger" test, requiring that potential harm be direct

-ex. inciting a riot

neutrality

foreign policy of impartiality, where the U.S. avoids taking sides

clarity

easily understood presentation of laws, regulations, and communications

least restrictive means

-if a law is content-based (restricts speech based on content), it must be justified by a compelling government interest and be the least restrictive means to achieve it

-ex. an entire TV channel with adult content can’t be struck down because there are parental control options with TVs

free exercise clause

portion of the First Amendment that prohibits the government from interfering with an individual's right to practice their religion

establishment clause

prohibits the government from establishing an official religion, favoring one religion over another, or favoring religion over non-religion

wall of separation

strict separation between church and state, based on the First Amendment's Establishment Clause

exclusionary rule

prohibits the government from using evidence obtained in violation of the Fourth Amendment's protection against unreasonable searches and seizures in a criminal trial

search and seizure

legal process under the Fourth Amendment where law enforcement examines person/property and collects evidence of a crime, requires a warrant based on probable cause

search warrant

legal document, signed by a judge or magistrate, authorizing law enforcement to search a specific location or person for evidence of a crime, requires probable cause

probable cause

-based on Fourth Amendment

-requires law enforcement to have sufficient evidence to believe a crime has been committed before making an arrest or conducting a search

-higher than suspicion but lower than proof beyond a reasonable doubt

miranda rights

-Right to remain silent

-Anything said can be used in court

-Right to an attorney

-If the suspect cannot afford an attorney, one will be provided

-Rooted in the 5th Amendment (self-incrimination) and 6th Amendment (counsel)

good faith exception

allowing evidence obtained in violation of the Fourth Amendment to be admitted in court if law enforcement acted with an honest and reasonable belief that their actions were lawful, it limits the exclusionary rule

public safety exception

allows law enforcement to question suspects in custody without administering Miranda warnings if there is an immediate, objective need to protect the public or officers from danger

inevitable discovery

exception to the Exclusionary Rule that allows illegally obtained evidence to be admissible in court if the prosecution can prove it would have inevitably been discovered through legal means

military court v. civilian court

-Military courts (courts-martial) are designed to maintain discipline within the armed forces

-civilian courts, part of the traditional judiciary, focus on public safety and individual rights

real id act

-response to 9/11

-prohibits federal agencies, including the TSA, from accepting non-compliant IDs for boarding domestic flights or entering secure federal facilities

-example of an unfunded mandate, forcing states to comply with federal standards for ID issuance (e.g., verifying social security, legal presence), but does not fully fund the implementation, placing the administrative burden on state DMVs

Foreign Intelligence Surveillance Act (FISA)

-procedures for physical/electronic surveillance of foreign agents suspected of espionage or terrorism

-It requires intelligence agencies to obtain warrants from a specialized court