AMSCO AP Government and Politics: Chapter 7 Civil Liberties

Civil liberties

those personal freedoms protected from arbitrary governmental interference or deprivations. In the Bill of Rights

Compelling governmental interest

a purpose important enough to justify the infringement of personal liberties

Due process

ensures fair procedures when the government burdens or deprives an individual, prevents the government from taking life, liberty or property from individuals without legal cause, and ensures accused persons of a fair trial; strengthened by 14th Amendment

Establishment clause

1st Amendment clause that prevents federal government from establishing a national religion and prevents governing institutions from sanctioning, recognizing, favoring, or disregarding any religion

Free Exercise Clause

Prevents governments from stopping religious practices unless the act is illegal or deeply opposes the interest of the community.

Engel v. Vitale (1962)

Outlawed the practice of beginning the school day with a prayer.

Fifth Amendment

Establishes that no person shall be deprived of life, liberty, or property without due process. Also requires the govt. to compensate people (with money) when taking their property for public use.

Fourteenth Amendment

A constitutional amendment giving full rights of citizenship to all people born or naturalized in the United States, except for American Indians. Ratified after the Civil War strengthened due process.

Libel

False statements in print that defame someone, hurting their reputation.

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. United States

Court ruled that a newspaper could print documents revealing govt. deception during the Vietnam War. If the government wishes to censor information before it is printed or published, it must be proven in court that the information will endanger national security.

Obscene speech

the 1st Amendment does not protect it, and no national standard defines what it is

Prior restraint

the right to stop spoken or printed expression in advance

-Deemed to be unconstitutional

Public interest

the wellfare or well-being of the general public

Selective incorporation

The process by which provisions of the Bill of Rights are brought within the scope of the Fourteenth Amendment (due process clause) and applied to states and local governments on a case basis.

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. In general, people cannot invoke symbolic speech to defend an act that might otherwise be illegal.

Wall of separation

Separation between church and state (coined by Thomas Jefferson)

Wisconsin v. Yoder

Amish children cannot be placed under compulsory education past the 8th grade. Parents freedom of religion overruled the free exercise clause.

Lemon v. Kurtzman (1971)

Rhode Island and Penn. passed laws to pay teachers of secular subjects in religious schools with state funds and this was ruled as unconstitutional.

Miller v. California (1973)

Someone mass mailed adult materials and was prosecuted for violation of obscenity laws. On appeal they confirmed that obscenity was unconstitutional (porn may not be obscene though)

Modified Roth decision- local judge or jury should decide what obscenity is.

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.

The Lemon Test

Developed to determine excessive entanglement between church and state.

(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

Negative rights

things the govt. cannot to do people

Positive rights

things the govt. should do

Grand jury (federal govt.)

decide if there is enough evidence for you to go to trial

Early incorporation

Chicago rail line sued the city (1880s), which had constructed a street across its tracks--> court said due process= Chicago gives rail line money as compensation for taking their property for public use. This incorporated the "just compensation" provision of the 5th Amendment.

Gitlow v. New York

Court enhanced states' power by upholding NY's criminal anarchy law because free speech in this person's Left Wing Manifesto threatened public safety.

Smith Act

Advocating the overthrow of the U.S govt.= a criminal act. The justice dept. convicted 11 Communists leaders under this act. Later the court overturned these convictions weakening the JD's efforts to prosecute communists for expressing their ideas.

Vietnam War Era

As support for the Vietnam War waned young men began burning their draft cards in protest. Congress quickly passed the Selective Service Act to prevent this.

U.S v. O'brien

Burned his draft card and was convicted for violating the Selective Service Act. His symbolic act was not supported even when he appealed that it was an act of free speech.

Cohen v. Cali

Someone wore a jacket that read "F... the draft." He was convicted for disturbing the peace with offensive conduct. This decision was overturned in this court case as the phrase wasn't illegal.

Texas v. Johnson/ U.S v. Eichman

Court struck down both state an fed. laws meant to prevent desecrating or burning the U.S flag.

Time, Place, and Manner Regulations

Is the govt. suppressing what was said or the time, place, and manner in which it was expressed?

Roth v. U.S

Someone was convicted for publishing a book containing nude pics due to its obscenity. During the end of his prison term the law turned to his side (but he was still in jail).

The Miller Test

-The average person applying contemporary standards finds it appeals to the prurient (lustful) interest.

-It depicts or describes in an offensive way, sexual conduct specifically defined by state law.

-It lacks serious literary, artistic, political, or scientific value

New York Times v. Sullivan

Civil Rights groups released an ad with some false info. about a police officer--> sued and won $500,00. Times appealed by saying that the 1st Amendment protects against slight inaccuracies- court sided with the newspaper.

-To win a libel suit the accusing party must show evidence of false info.

Everson v. Board of Education

Upheld New Jersey law allowing public school boards to reimburse parents for transporting their children to school (including religious schools)

Engel v. Vitale

Outlawed the practice of beginning the school day with a prayer.

Public Funding of Religious Institutions

State govts. can only provide funds to religious colleges.

Religion in Public Schools

Formal prayer in schools is a violation of the establishment clause.

Religious Symbols in the Public Square

Nativity scenes can be displayed in public places during Christmas time as long as they are surrounded by other Christmas decorations.

Ten Commandments

In Texas there was a public display of the 10 Commandments at the state capital= Yes

Kentucky displayed 10 Commandments in courthouse= No because people are required to go to court

The National Firearms Act

Required registration of certain weapons, imposed a tax on the sale and manufacture of certain guns, and restricted the sale/ownership of high-risk weapons.

Gun Control Act of 1968

Ended mail-order sales of all fire-arms and ammunition. Banned the sale of guns to felons, fugitives, illegal drug users, mentally ill people, and people dishonorably discharged from the military.

Purpose: punish those who owned a gun or used it illegally.

Brady Handgun Violence Prevention Act (Expired in 1998)

Established a five-day waiting period for purchases of handguns to allow for a background check and a cooling off period for people motivated by immediate anger, impulse, or revenge.

Civil Rights

policies that protect people from arbitrary or discriminatory treatment by the govt.; ensures equal protection under the laws for all.

Barron v. Baltimore

Only the Federal government was limited by the Bill

of rights, states were not limited at all

Fourteenth Amendment changed this