AP Gov Civil Liberties Vocab

bill of rights

The first ten amendments to the Constitution

civil liberties

fundamental rights and freedoms protected from infringement by the government

1st amendment

Freedom of Religion, Speech, Press, Assembly, and Petition

RAPPS

Religion, Assembly, Press, Petition, Speech

2nd amendment

Right to bear arms

3rd amendment

No quartering of soldiers

4th amendment

No unreasonable searches and seizures

5th amendment

grand jury, double jeopardy, due process, self-incrimination, eminent domain

6th amendment

speedy and public trial, impartial jury, habeas corpus, face accuser, subpoena, right to counsel

7th amendment

Right to jury in civil trials.

8th amendment

No cruel or unusual punishment or excessive bail and fines

9th amendment

Citizens are entitled to more rights than those listed in the Constitution

10th amendment

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

selective incorporation

the procedural process through which the supreme court has affirmed that almost all of the protections in the bill of rights also apply to state governments

due process clause

the clause in the Fourteenth Amendment that restricts state governments from denying citizens their life, liberty, or property without legal safeguards

Gitlow v New York

Supreme Court says the First Amendment applies to states; first selective incorporation case

14th amendment

Declares that all persons born in the U.S. are citizens and are guaranteed equal protection of the laws and due process

free exercise clause

First Amendment protection of the rights of individuals to exercise and express their religious beliefs

establishment clause

First Amendment protection against the government requiring citizens to join or support a religion

Lemon v. Kurtzman (1971)

Lemon Test for Establishment Clause

(1) Primary purpose and effect of law must be secular; (2) Law cannot create "excessive entanglement" of government with religion (subjective standard)

wall of separation

separation of church and state

Engel v Vitale

Struck down state-sponsored prayer in public schools. Ruled that the Regents' prayer was an unconstitutional violation of the Establishment Clause.

Wisconsin v. Yoder

Compelling Amish students to attend school past the eighth grade violates the free exercise clause since it goes against their religion

freedom of expression

a fundamental right affirmed in the First Amendment to speak, publish, and protest

Espionage Act of 1917

Law which punished people for aiding the enemy or refusing military duty during WW1

Schenk vs. US

ruled that 1st Amendment right of free speech is limited in the time of war and created a precedent that First Amendment guarantees are not absolute.

clear and present danger

legal standard that speech posing an immediate and serious threat to national security is not protected by the First Amendment

Bradenburg v. Ohio (1969)

protected freedom of speech politically; KKK member can say whatever he wants as long as there's no clear and present danger and it is not likely to produce or incite lawless action

prior restraint

the suppression of material prior to publication on the grounds that it might endanger national security

NYT v US

US says NYT need to be censored and cannot publish the pentagon papers (about Vietnam). Court rules for NYT because the information would not affect the current war, so no longer national security issue

symbolic speech

protected expression in the form of images, signs, and other symbols

Tinker v. Des Moines (1969)

Public school students may wear armbands to class protesting against America's war in Vietnam when such display does not disrupt classes

Morse v. Frederick (2007)

School District is allowed to restrict students' pro-illegal drug speech at school event. Schools can restrict students' speech if it occurs on school grounds and disrupts school

libel

an untrue written statement that injures a person's reputation

slander

an untrue spoken expression that injures a person's reputation

hate speech

speech that has no other purpose but to express hatred, particularly toward members of a group identified by a common characteristic

obscenity and pornography

words, images, or videos that depict sexual activity in an offensive manner and that lack any artistic merit

time, place, and manner restrictions

Government regulations that place restrictions on free speech. These regulations, specifying when, where, and in what way speech is allowed, are applied when unrestricted free speech will conflict with the rights of others.

freedom of assembly

the right to hold meetings and form groups without interference by the government; guaranteed in the First Amendment

DC v Heller

Struck down a Washington DC ordinance that banned handguns

McDonald v. Chicago (2010)

The Second Amendment right to keep and bear arms for self-defense is applicable to the states

procedural due process

a judicial standard requiring that fairness be applied to all individuals equally

warrant

a document issued by a judge authorizing a search

probable cause

reasonable belief that a crime has been committed or that there is evidence of criminal activity

exclusionary rule

a rule that evidence obtained without a warrant is inadmissible in court

grand jury

a group of citizens who, based on the evidence presented to them, decide whether or not a person should be indicted on criminal charges and subsequently tried in court

double jeopardy

protects an individual acquitted of a crime from being charged with the same crime again in the same jurisdiction

miranda rights

the right to remain silent and to have an attorney present during questioning; these rights must be given by police to individuals suspected of criminal activity

Gideon v. Wainwright (1963)

Supreme Court case in which the Court ruled that a defendant in a felony trial must be provided a lawyer free of charge if the defendant cannot afford one; selectively incorporates right to counsel of 6th amendment to states

bail

an amount of money posted as a security to allow the charged individual to be freed while awaiting trial

Griswold v. Connecticut (1965)

Established that there is an implied right to privacy in the U.S. Constitution; made it legal for women to buy contraceptives

penumbra theory

used to represent implied powers that arise from a specific rule, and extending the meaning of the rule into its periphery or penumbra

1st, 3rd, 4th, 9th

amendments associated with privacy

Roe v. Wade (1973)

penumbra of privacy extends to women's rights to terminate their pregnancies

unenumerated rights

any right that is not specifically addressed in the Constitution still may be protected (e.g., privacy) (9th amendment)

Dobbs v. Jackson Women's Health Organization (2022)

overturned Roe v Wade; Constitution does not confer right to abortion, regulation is left to states

substantive due process

the government must create fair policies and laws

Kennedy v. Bremerton School District

supreme court sided with a public-school football coach who demanded the right to pray with his players after games at the 50-yard-line. The decision significantly erodes the separation of church and state in public schools

ex post facto laws

A law which punishes people for a crime that was not a crime when it was committed.

bills of attainder

when the legislature declares someone guilty without a trial

writ of habeas corpus

A court order requiring jailers to explain to a judge why they are holding a prisoner in custody.

USA Patriot Act

law passed due to 9/11 attacks; sought to prevent further terrorist attacks by allowing greater government access to electronic communications and other information; criticized by some as violating civil liberties