Unit III Terms - AP Gov

Miller v. California

Set the test for what counts as obscene speech (not protected).

Schenck v. United States

Speech can be limited during wartime if it creates a clear and present danger.

Tinker v. Des Moines

Students have free speech unless it disrupts school.

Engel v. Vitale

School-led prayer is unconstitutional

Lemon v. Kurtzman

Created the Lemon Test for church-state separation

Wisconsin v. Yoder

Religious beliefs can excuse people from some laws (Amish can stop going to school)

Near v. Minnesota

Government can’t stop speech before it happens

NYT Co. v. U.S.

Government can’t block publication of secrets unless it creates immediate danger

NYT Co. v. Sullivan

Public officials must prove malicious intent to win libel cases

District of Columbia v. Heller

Individuals have a right to own guns

McDonald v. Chicago

Second Amendment applies to the states

Gideon v. Wainwright

Right to a lawyer in criminal cases

Mapp v. Ohio

Illegally obtained evidence can’t be used

Miranda v. Arizona

Police must inform suspects of their rights

New Jersey v. TLO

Schools can search students with reasonable suspicion

Griswold v. Connecticut

Established the right to privacy

Roe v. Wade

Recognized abortion as a privacy right (overturned)

Bostock v. Clayton County

LGBTQ workers are protected under civil rights law

Lawrence v. Texas

States can’t ban private consensual relationships

Obergefell v. Hodges

Legalized same sex marriage nationwide

Brown v. Board of Education

Segregation in schools is unconstitutional

Plessy v. Ferguson

Allowed segregation under “separate but equal”

Swann v. Charlotte-Mecklenburg

Allowed busing to desegregate schools

Regents v. Bakke

Race can be considered, but quotas are illegal

Establishment Clause

Government can’t establish a religion

Free Exercise Clause

People can practice religion freely

Wall of Separation

Idea that church and state must stay separate

Clear and Present Danger

Speech can be limited if it causes harm

Obscene Speech

Offensive material not protected by the First Amendment

Symbolic Speech

Actions that express ideas (ex. flag burning)

Libel

Written false statements harming reputation

Slander

Spoken false statements harming reputation

Malicious Intent

Knowing a statement is false or reckless disregard

Prior Restraint

Government stopping speech before it occurs

“Breathing Space”

Extra freedom given to speech to protect debate

Brady Handgun Violence Prevention Act

Background checks for gun buyers

Gun Control Act

Regulates firearms sales and ownership

National Firearms Act

Regulates dangerous weapons (machine guns)

Second Amendent

Right to bear arms

Metadata

Information about data (who, when, where)

Writs of Assistance

British search warrants (cause of 4th Amendment)

Just Compensation Clause

Government must pay for taken property

Due Process

Fair treatment under law

Selective Incorporation

Bill of Rights applied to states

Exclusionary Rule

Illegal evidence is excluded

Public Safety Exception

Police can skip Miranda in emergencies

Search and Seizure

Protection from unreasonable searches

USA Freedom Act

Limited government surveillance

Civil Rights

Protection from discrimination

Civil Liberties

Individual freedoms guaranteed by Constitution

Defense of Marriage Act (DOMA)

Defined marriage as man and woman (overturned)

Equal Pay Act

Men and women must get equal pay

Equal Protection Clause

Laws must apply equally to all

Equal Rights Amendment (ERA)

Proposed amendment for gender equality

Martin Luther King Jr.

Leader of nonviolent civil rights movement

“Letter from Birmingham Jail”

Defense of peaceful protest

National Women’s Organization (NOW)

Advocates for women’s rights

Strict Scrutiny

Highest standard for judging discrimination

Title IX

Gender equality in education

Civil Rights Act of 1875

Tried to ban racial discrimination (struck down)

Civil Rights Cases (1883)

Weakened civil rights protections

Civil Rights Act of 1964

Banned discrimination in public places

13th Amendment

Abolished slavery

14th Amendment

Citizenship & equal protection

15th Amendment

Voting rights for Black men

Grandfather Clause

Allowed white to avoid voting tests

19th Amendment

Women’s right to vote

24th Amendment

Banned poll taxes

Jim Crow Laws

Laws enforcing segragation

Black Codes

Laws restricting freed slaves

Literacy Test

Used to block minorities from voting

Poll Tax

Fee required to vote

“Separate but Equal”

Justification for segregation

Title II (CRA 1964)

Banned segregation in public accommodations

Voting Rights Act of 1965

Protected minority voting rights

White Primary

Only whites could vote in primaries

White Flight

Whites leaving cities after desegregation

Affirmative Action

Policies to increase diversity