Civil Liberties Test

AP Gov

First Amendment

Freedom of religion, press, assembly, speech, and petition.

Fourth Amendment

No unwanted searches and seizures.

Fifth Amendment

Plead the 5th, can’t be tried twice, due process, eminent domain.

Sixth Amendment

Speedy public trail, with the assisstance of a lawyer, and a jury.

Ninth Amendment

You have unwritten rights not stated in the constitution but they are still protected.

Tenth Amendment

Rights not given to the federal government belong to the states and the people.

Civil Liberties Vs Civil Rights

Civil liberties are fundamental freedoms guaranteed by the Constitution, such as freedom of speech and religion, which protect individuals from government interference. Civil rights, on the other hand, involve protections against discrimination and ensure equal treatment under the law, often focusing on issues like race, gender, and disability.

Due Process

A constitutional guarantee that the government must follow fair procedures before depriving an individual of life, liberty, or property.

Establishment Clause

Part of the First Amendment prohibits the government from establishing an official religion or favoring one religion over another. It ensures the separation of church and state, preventing government actions that unduly involve or support religious institutions.

Free Exercise Clause

This Clause, part of the First Amendment, protects individuals' rights to practice their religion freely without government interference. However, this right is not absolute and can be limited if religious practices violate public safety, laws, or the rights of others.

Prior Restraint

Refers to government actions that prevent speech or publication before it occurs.

Clear and Present Danger test

If your speech presents a threat to the government they can be restricted. (A vauge test that gave the government too much power)

Direct Incitement Test

Established in Brandenburg v. Ohio, the government can only restrict speech if it causes “imminent lawlessness”.

Symbolic Speech

Symbolic speech refers to nonverbal actions or conduct that express ideas or opinions, such as wearing armbands, burning flags, or staging sit-ins. It is protected under the First Amendment, but its protection can be limited if it disrupts public order or infringes on significant government interests.

Libel Vs Slander

Libel is a written or published false statement that damages someone's reputation, while slander is a spoken false statement with the same effect.

Exclusionary Clause

This rule is a legal principle that prohibits the use of evidence obtained through violations of a person's constitutional rights, particularly the Fourth Amendment protection against unreasonable searches and seizures.

Privacy

The right to control personal information and be free from unwarranted interference. The Fourth and Fourteenth, protect against unreasonable searches and safeguard personal freedoms.

Lemon Test

Used to determine whether a government action violates the Establishment Clause of the First Amendment. It has three criteria: (1) the action must have a secular purpose, (2) it must not advance or inhibit religion, and (3) it must not result in excessive government entanglement with religion.