AP Gov chapters 8-10: Civil Liberties Study Guide

freed

The process of incorporating the Bill of Rights through the 14th Amendment's due process clause, extending its protection to the states.

Due process clause of the 14th amendment

The clause that ensures fair procedures, fair and clear laws, and upholds fundamental rights.

14th Amendment applies to states

The amendment that requires states to respect the rights of life, liberty, and property, overturning the ruling in Barron v. Baltimore.

5th and 14th amendments

These amendments work together to provide due process protection from all levels of government.

Gitlow v. New York

The case that incorporated the amendment of freedom of speech and press from the Bill of Rights.

Tinker v. Des Moines

The case that incorporated symbolic free speech and ruled that student speech suppression can only occur when it materially and substantially interferes with school operation.

Schenck v. U.S.

The case that established the "clear and present danger" test for limitations on speech during wartime.

New York Times v. U.S.

The case that protected freedom of the press and ruled against prior restraint unless there are serious military reasons.

Engel v. Vitale

The case that ruled public school prayer unconstitutional, based on the establishment clause and the separation of religion and state.

Wisconsin v. Yoder

The case that protected the First Amendment's free exercise clause and exempted the Amish from mandatory education laws.

McDonald v. Chicago

The case that made it unconstitutional to take away gun rights and incorporated the Second Amendment.

Gideon v. Wainwright

The case that established the right to counsel (lawyer) under the Sixth Amendment.

Roe v. Wade

The case that recognized the right to abortion as an implied right under the Constitution's Ninth Amendment.

1st Amendment

Protects freedom of religion, speech, press, assembly, and petition.

Speech

The government must show a compelling reason to justify infringing on our speech rights.

Tinker v

Symbolic speech is protected under the First Amendment.

Schenck v u.s.

Speech that poses a "clear and present danger" may be limited during wartime.

Freedom of the press

Protects the news from prior restraint, except in cases of serious military reasons.

Freedom of religion

The establishment clause prevents the government from establishing an official religion, while the free exercise clause protects individual religious practices.

Right to petition

The right to address the government about concerns or issues without fear of punishment.

Right to bear arms

The Second Amendment protects the right to own and carry firearms.

Due process

Ensures fair procedures and fair laws, protecting individuals from losing their freedom without proper steps being taken by the government.

4th Amendment

Protects against illegal arrests, searches, and seizures, requiring a search warrant based on probable cause.

Exclusionary rule

Evidence obtained illegally by the police cannot be used against the defendant in court.

5th Amendment

Protects the right to remain silent.

6th Amendment

Protects the right to a lawyer.

8th Amendment

Prohibits cruel and unusual punishment.

Selective incorporation

The process by which the Supreme Court applies the protections of the Bill of Rights to the states through the Due Process Clause of the 14th Amendment.

Free Speech

the gov must show a compelling reason to justify infringing on our rights

what scotus cases deal with free speech

Tinker v. Des Moines

what happens in Tinker v. Des Moines

Ruled that student speech suppression can only occur when actions materially and substantially interfere with school operation 

what scotus case contains unconstitutional free speech

Schenck v. US:

what happened in Schenck v. US:

Speech is not protected only if danger is imminent, direct, advocating specific lawless actions, substantial, likely to incite such action

what test did Schenck v US result in

clear and present danger

freedom of the press?

protects the news

are Prior restraints (censorships) constitutional

no - unless they pose a major security threat

what scotus cases does freedom of the press deal with

New York Times v. US

what happened in New York Times v. US

pentagon papers were leaked in the Vietnam war saying that the us didn’t expect to win the war and the united states tried to censor them

what two clauses are contained in the 1st amendment Freedom of religion

• Establishment clause

• Free Exercise Clause

what is the establishment clause

Prevents gov from making a official religion

“Gov doing something”

what scotus cases have to do with the establishment clause

Engle v. Vitale

what happenes in Engle v. Vitale

prayer was happening in public schools so people sued

what are some constitutional religious practices

• Voluntary student lead prayer 

• “Moment of silence “

• Congress starting with prayer - adults are less likely be be indoctrinated 

• In god we trust money

what are some unconstitutional religious practices

• teacher/administrator led prayer at public school

• 10 commandments on wall

• Gov money going to private schools

• Clergy or student lead prayers at athletic events or graduation in public schools

what is the Free Exercise Clause 

• Reserves right of indiv to accept religious belief + rituals

• Right to break laws on religious grounds for discrete reasons

“Free person doing”

what is an reason why a religious practice can be ruled unconstitutional

compelling gov interest

what scotus cases have to do with the free exersize clause

Wisconsin v. Yoder

what happens in Wisconsin v. Yoder

the amish sued because they wanted to take their kids out of school after 8th grade

Right to Petition

your right to address the gov about concern or issue without fear of punishment

Freedom of assembly

Right to actively protest against the gov with limitations

what are restrictions on Right to bear arms

background checks before buying weapons

what amendment was most recently incorporated

Right To Bear Arms

what scotus cases have to do with right to bear arms

McDonald v. Chicago

what happeend in McDonald v. Chicago

chicago tried puting gun restrictions on citizens by forcing them to get a permit

what is Due process

things you want if you do something bad

what 2 processes are in due process

Procedural process

Substantive process

Substantive process

• Problem with the law

• Laws have to be fair and not violate rights

Procedural process

• Problem with the way the law is carried out

• Fair procedures must be followed

Exclusionary rule

if police find evidence that is obtained illegally it can’t be used against you in court

Usa patriot act

Allowed gov to have more surveillance after 9/11 - phone call records library books ect.