AP Government and Politics: Chapter 8, 9 and 10-Individual Liberties and Due Process and Rights of the Accused

clear and present danger test

A test established by Supreme Court Justice Oliver Wendell Holmes, Jr., in 1919 to define the point at which speech loses the protection of the First Amendment.

due process

14th amendment clause stating that no state may deprive a person of life, liberty, or property without due process of law

establishment clause

the First Amendment guarantee that the government will not create and support an official state church

exclusionary rule

a rule that provides that otherwise admissible evidence cannot be used in a criminal trial if it was the result of illegal police conduct

Fifth Amendment

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

free exercise clause

the First Amendment guarantee that citizens may freely engage in the religious activities of their choice

libel

a tort consisting of false and malicious publication printed for the purpose of defaming a living person

obscene speech

Quality or state of a work that taken as a whole appeals to a prurient interest in sex by depicting sexual conduct in a patently offensive way and that lacks serious literary, artistic, political, or scientific value.

prior restraint

A government preventing material from being published. This is a common method of limiting the press in some nations, but it is usually unconstitutional in the United States, according to the First Amendment and as confirmed in the 1931 Supreme Court case of Near v. Minnesota.

procedural due process

Constitutional requirement that governments proceed by proper methods; limits how government may exercise power.

right to privacy

right to be free of unsanctioned intrusion

search and seizure

obtaining evidence in a haphazard or random manner, a practice prohibited by the 4th amendment; probable cause and a search warrant are required for this to be legal

selective incorporation

The process by which provisions of the Bill of Rights are brought within the scope of the Fourteenth Amendment and so applied to state and local governments

substantive due process

Constitutional requirement that governments act reasonably and that the substance of the laws themselves be fair and reasonable; limits what a government may do.

symbolic speech

nonverbal communication, such as burning a flag or wearing an armband. The Supreme Court has accorded some symbolic speech protection under the first amendment.

wall of separation

An interpretation of the establishment clause embraced by the Supreme Court that allows no government involvement with religion, even on a non preferential basis.

Engle v. Vitale (1962)

Government-sponsored prayer in public schools is a violation of the 1st Amendment's Establishment Clause even if the prayer does not favor a particular religion and students are allowed to remain silent during its reading

Gideon v. Wainwright (1963)

Applies the 6th Amendment right to counsel to state courts via the due process clause of the 14th Amendment

Griswold v. Connecticut (1965)

A Connecticut law banning birth control was deemed unconstitutional. While not explicitly stated in the Constitution, the Court determined that privacy was implied in the Constitution via other constitutional protections such as the 5th Amendment protections against self-incrimination

Lemon v. Kurtzman (1971)

Established the 3 part Lemon test for the Establishment clause which states the law...(1) Must have a legitimate secular purpose...(2)...Must not have the primary effect of either advancing or inhibiting religion...(3)...Must not result in an excessive entanglement of government and religion

Mapp v. Ohio (1961)

Incorporates the "exclusionary rule" provision of the 4th Amendment via use of the 14th Amendment's Due Process Clause

Miller v. California (1973)

Supreme Court decision that denied a 1st Amendment Freedom of Speech obscenity conviction on the grounds that speech can be banned if it is considered to lack serious literary, artistic, political, or scientific value....("SLAPS test")

Miranda v. Arizona (1966)

Supreme Court decision that declared detained suspects must be read a series of rights (such as the right to remain silent) prior to being questioned by police

New Jersey v. TLO (1985)

Supreme Court decision that declared while searches by school administrators are protected under the 4th Amendment, searches conducted while acting on "reasonable suspicion" as opposed to "probable cause" are permissible

Roe v. Wade (1973)

Supreme Court decision that protects a woman's decision to abort a pregnancy through the right to privacy implied via the 14th Amendment Due Process Clause. A balancing test was created in that a state's compelling interest to ban an abortion becomes stronger as a woman's pregnancy continues.

Schenck v. United States (1919)

Encouraging people not to register for the WWI military draft is not protected speech under the 1st Amendment because it creates a "clear and present danger" to the recruitment of U.S. forces during war. Thus, the "clear and present danger" precedent was established.

Tinker v. Des Moines Independent Schools (1969)

The 1st Amendment protection of freedom of speech (in this case symbolic speech) is applied to schools via the 14th Amendment. In this case a school could not ban a student wearing a black armband to school to protest the Vietnam War, since it was not considered a substantial distraction to the learning environment.

compelling government interest

A test of constitutionality that requires the government to have compelling reasons for passing any law that restricts fundamental rights, such as free speech, or distinguishes between people based on a suspect trait.

Fourteenth Amendment

the constitutional amendment adopted after the Civil War that states, "no state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."

McDonald v. Chicago

The right of an individual to "keep and bear arms" protected by the 2nd Amendment is incorporated by the due process clause of the 14th Amendment and applies to the states.

New York Times v. US

Supreme Court case protecting the freedom of the press by allowing the New York Times to publish the "Pentagon Papers" despite the Justice Department's order to restrict it

public interest

the concerns of the public as a whole

Wisconsin v. Yoder

Amish people refused to send their children to school past the 8th grade when the state required public schooling for all children until age 16. Result: This law is in conflict with the Free Exercise clause. The statute is in direct conflict with Amish beliefs. The Amish may teach themselves.

Metadata

data that describes other data

public safety exception

Exception to Miranda requirements that permits police to immediately question a suspect in custody without providing any warnings, when public safety would be jeopardized by their taking the time to supply the warnings.