GoPo Chapter 8 Key Concepts

Civil Liberties

Those personal freedoms protected from arbitrary governmental interference or deprivations by constitutional guarantee.

Bill of Rights

The first 10 constitutional amendments designed specifically to guarantee liberties and rights.

Public Interest

The welfare or well-being of the general public.

“Wall of Separation”

An interpretation of the establishment clause embraced by SCOTUS that allows no government involvement with religion; first penned in a letter by Thomas Jefferson

Establishment Clause

A First Amendment clause to prevent the federal government from establishing a national religion.

Free Exercise Clause

A First Amendment clause preventing governments from stopping religious practices.

Engel V. Vitale (1962)

SCOTUS case that ruled school sponsored prayer violated the Establishment Clause of the first amendment. (6-1)

Lemon V. Kurtzman

The Court established the "Lemon Test," a three-part standard requiring laws to have a secular purpose, a neutral primary effect, and no "excessive government entanglement" with religion.

Wisconsin V. Yoder (1972)

SCOTUS case that ruled that the states could not require Amish parents to send their children to public school beyond the eighth grade because it violated the free exercise clause of the 1st Amendment.

Symbolic Speech

Using symbols or indirect actions to spread awareness on a certain issue.

Tinker V. Des Moines (1969)

SCOTUS case that symbolic speech that is a non-disruptive act of protest are protected by the Constitution & are extended to students. (7-2)

Obscene Speech

Languages and signs that are so offensive to average citizens that governments have banned them. However, there is no national standard that defines it.

Miller V. California (1973)

SCOTUS case that established a three criteria test to define obscenity.

Clear and Present Danger

The doctrine adopted by the Supreme Court to determine under what circumstances limits can be placed on First Amendment freedoms of speech, press, or assembly.

Schenck V. United States (1919)

SCOTUS case held that speech opposing the military draft during wartime does was not protected under the 1st Amendment free speech clause.

“Breathing Space"

The notion that government officials should not create an atmosphere or pass laws where individuals are chilled from speaking out and expressing their ideas.

Malicious Intent

To defame someone who suffered actual damage.

Libel

False written statements about someone that defames or damages that person’s reputation.

New York Times V. United States (1971)

SCOTUS case that ruled that the executive branch could not block the printing of reporter-obtained classified information, via prior restraint, … to do so would be a violation of the 1st Amendment.

Prior Restraint

The rights to stop spoken or printed expression in advance.