AP Gov Study Guide Judicial Branch

What are the limits on free speech under the First Amendment?

Obscene language, libel (false written statements), slander (false spoken statements), and inciting imminent lawless action.

What did Schenck v. United States (1919) establish about speech?

It established the "clear and present danger" test, limiting speech that poses a significant threat to national security (e.g., during wartime).

What did Texas v. Johnson (1989) rule about symbolic speech?

Flag burning is protected under the First Amendment as a form of symbolic speech.

What did Tinker v. Des Moines (1969) establish for student speech?

Students do not lose their First Amendment rights at school as long as their speech is not disruptive.

What did Snyder v. Phelps (2011) decide about offensive speech?

The Court protected offensive protests (e.g., at military funerals) as free speech under the First Amendment.

What was the ruling in Morse v. Frederick (2007)?

Schools may limit student speech that promotes illegal drug use ("Bong Hits 4 Jesus" case).

What did Bethel School District v. Fraser (1986) decide about student speech?

Schools can discipline students for lewd or indecent speech at school events.

What are the limits on freedom of the press?

Defamation (libel/slander), obscenity, and national security threats; prior restraint is heavily limited.

What is prior restraint?

Government action that prohibits speech or publication before it occurs; generally unconstitutional.

What did Hazelwood v. Kuhlmeier (1988) decide?

Schools can censor school-sponsored publications if related to legitimate educational concerns.

What did Flynt v. Falwell (1988) address?

Public figures cannot recover for intentional infliction of emotional distress without showing false statements made with actual malice.

What was significant about the Pentagon Papers case (NY Times v. US, 1971)?

The government could not prevent the press from publishing classified documents; upheld freedom of the press.

What are the Roth/Miller tests used for?

To determine what is considered obscene and therefore not protected by the First Amendment.

What does the Free Exercise Clause protect?

Individuals’ rights to practice their religion freely, unless it conflicts with public policy or safety.

What does the Establishment Clause prevent?

The government from establishing or favoring a religion; ensures separation of church and state.

What are the limits on freedom of religion?

Religious practices can be limited if they violate public policy or laws (e.g., drug use, polygamy).

What did Oregon v. Smith (1990) decide about religious freedom?

The state can deny unemployment benefits to a person fired for violating state drug laws, even if for religious purposes.

What did Engel v. Vitale (1962) establish about school prayer?

Official recitation of prayers in public schools violates the Establishment Clause.

What is the Lemon Test (from Lemon v. Kurtzman) used for?

To determine whether a law violates the Establishment Clause; it must 1) have a secular purpose, 2) not advance/inhibit religion, and 3) avoid excessive government entanglement.

What did Wisconsin v. Yoder (1972) decide?

Amish families could remove children from school after 8th grade due to religious beliefs—upholding free exercise.

What are the limits on the right to assemble?

Governments can regulate protests based on time, place, and manner, but not content.

What did the Skokie v. Illinois case establish?

Even hate groups like Nazis have the right to assemble peacefully under the First Amendment.

What did the Westboro Baptist Church protests clarify about assembly rights?

Protests cannot be restricted based on content; content neutrality must be maintained.

What is the 2nd Amendment?

The right to keep and bear arms.

Why was the 2nd Amendment included?

To allow citizens to defend themselves and to prevent tyranny by allowing a militia.

What are the limits/considerations of the 2nd Amendment?

Subject to regulation (e.g., background checks, assault weapon bans); not an unlimited right.

What is the 4th Amendment?

Protection against unreasonable searches and seizures.

Why was the 4th Amendment included?

To protect individual privacy and property from government overreach.

What are the limits/considerations of the 4th Amendment?

Warrants must be based on probable cause; exceptions include consent, plain view, emergencies, and "good faith" exceptions.

What is the 5th Amendment?

Protection from self-incrimination, double jeopardy, and guarantees due process and just compensation (eminent domain).

Why was the 5th Amendment included?

To protect the rights of the accused and ensure fairness in legal proceedings.

What are the limits/considerations of the 5th Amendment?

Must be read Miranda rights; does not apply to physical evidence; eminent domain is allowed with "just compensation."

What is the 6th Amendment?

Right to a speedy and public trial, impartial jury, legal counsel, and to confront witnesses.

Why was the 6th Amendment included?

To ensure fair criminal trials and prevent indefinite detention.

What are the limits/considerations of the 6th Amendment?

Applies only in criminal cases; delays must be reasonable; jury impartiality is key.

What is the 7th Amendment?

Right to a jury trial in civil cases over $20.

Why was the 7th Amendment included?

To protect the right to civil trial by jury, reflecting English legal tradition.

What are the limits/considerations of the 7th Amendment?

Only applies to federal civil cases; states may have different thresholds.

What is the 8th Amendment?

Protection against cruel and unusual punishment and excessive bail or fines.

Why was the 8th Amendment included?

To limit government power in punishing criminal defendants.

What are the limits/considerations of the 8th Amendment?

Interpretation evolves over time; capital punishment is debated; must fit the crime (proportionality).

What is the 14th Amendment?

Birthright citizenship, equal protection under the law, and due process from state governments.

Why was the 14th Amendment included?

To protect the rights of formerly enslaved people and prevent discrimination by states.

What are the limits/considerations of the 14th Amendment?

Key basis for incorporation doctrine (applying Bill of Rights to states); broad but still debated (e.g., affirmative action, abortion rights).

What was the ruling in Mapp v. Ohio (1961)?

Evidence obtained through illegal searches and seizures cannot be used in state courts (exclusionary rule).

Why is Mapp v. Ohio significant?

It incorporated the 4th Amendment to the states using the 14th Amendment.

What happened in Gideon v. Wainwright (1963)?

Clarence Gideon was denied a lawyer because Florida only provided attorneys in capital cases. He appealed from prison and won.

What did Gideon v. Wainwright establish?

States must provide an attorney to defendants in criminal cases who cannot afford one—6th Amendment incorporation.

What was Betts v. Brady (1942), and how was it overturned?

Held that states didn’t have to provide attorneys in all felony cases. It was overturned by Gideon v. Wainwright.

What was the ruling in Miranda v. Arizona (1966)?

Suspects must be informed of their rights before interrogation (right to remain silent, right to an attorney).

Why is Miranda v. Arizona important?

It ensures protection against self-incrimination under the 5th Amendment.

What did Furman v. Georgia (1972) rule about the death penalty?

Struck down existing death penalty laws as arbitrary and capricious—violated the 8th and 14th Amendments.

What did Gregg v. Georgia (1976) rule?

Reinstated the death penalty under new, guided sentencing procedures—death penalty is constitutional if applied fairly.

What did Katz v. United States (1967) establish about privacy?

The government must obtain a warrant to wiretap a public phone booth—"reasonable expectation of privacy" standard.

Why is Katz v. U.S. important?

It expanded the 4th Amendment to protect people, not just places.

What happened in New Jersey v. T.L.O. (1985)?

A high school student’s purse was searched without a warrant after she was caught smoking.

What did the Court decide in New Jersey v. T.L.O.?

School officials can search students with "reasonable suspicion"—a lower standard than probable cause.

What did Roe v. Wade (1973) establish?

Recognized a woman’s constitutional right to abortion under the right to privacy (14th Amendment).

What happened in Dobbs v. Jackson Women’s Health (2022)?

Overturned Roe v. Wade, ruling that the Constitution does not guarantee a right to abortion.

What is the impact of Dobbs v. Jackson?

Returned abortion regulation to individual states, leading to significant variation across the U.S.

What is a Bill of Attainder?

A law that declares a person guilty of a crime and punishes them without a trial.

Are Bills of Attainder constitutional?

No—Article I of the Constitution prohibits both Congress and the states from passing them.

What is an Ex Post Facto Law?

A law that makes an act illegal after it was committed, or increases the punishment after the fact.

Are Ex Post Facto Laws allowed?

No—Article I prohibits them to protect fairness and prevent retroactive punishment.

What is a Grand Jury?

A group of citizens who determine whether there is enough evidence to formally charge someone with a crime.

Which amendment protects the right to a Grand Jury?

The 5th Amendment—for federal felony cases only (not incorporated to states).

What is Habeas Corpus?

The legal right to be brought before a judge to determine if a person’s imprisonment is lawful.

Why is Habeas Corpus important?

It protects against unlawful detention and upholds the right to a fair trial.

What is Double Jeopardy?

Being tried twice for the same crime after acquittal or conviction.

Which amendment protects against Double Jeopardy?

The 5th Amendment—it ensures finality in criminal proceedings.

What is preventative detention?

Holding an accused person in jail without bail if they are considered a flight risk or danger to the community.

What is the exclusionary rule?

Evidence obtained illegally cannot be used in court (established in Mapp v. Ohio).

What is probable cause?

Reasonable grounds for making an arrest, conducting a search, or pressing a charge.

What is reasonable suspicion?

A lower standard than probable cause; used by police to stop and briefly detain someone if they suspect involvement in criminal activity.

What is a pat-down or frisk?

A quick search of a person's outer clothing for weapons, allowed with reasonable suspicion.

What is the Rule of Four?

At least four Supreme Court justices must agree to grant a writ of certiorari to hear a case.

Who are the current U.S. Supreme Court justices (as of 2025)?

John Roberts (Chief), Clarence Thomas, Samuel Alito, Sonia Sotomayor, Elena Kagan, Neil Gorsuch, Brett Kavanaugh, Amy Coney Barrett, Ketanji Brown Jackson.

What is a writ of certiorari?

A formal request for the Supreme Court to review a lower court decision.

What are the types of Supreme Court opinions?

Majority (official ruling), dissenting (disagreeing), concurring (agree with outcome, different reasoning), and per curiam (unsigned decision by the Court).

What is due process?

Legal requirement that the government must respect all legal rights owed to a person; found in the 5th and 14th Amendments.

What is original jurisdiction?

The authority to hear a case first, before any appellate review.

What is appellate jurisdiction?

The authority to review and revise a lower court’s decision.

What is regional jurisdiction?

Jurisdiction based on geographic location, like federal circuit courts covering specific areas.

How does the dual court system work?

The U.S. has both federal and state court systems; each has its own hierarchy and types of cases they handle.

What are District Courts, Appeals Courts, and the Supreme Court?

District Courts = trial level, Appeals Courts = review decisions, Supreme Court = final authority on constitutional issues.

What is “beyond a reasonable doubt”?

The standard of proof in criminal cases—highest level required to convict.

What is “preponderance of evidence”?

Standard in civil cases—more likely than not that the claim is true.

What is the difference between criminal and civil cases?

Criminal = government vs. individual (breaking laws), Civil = disputes between private parties.

What is stare decisis?

The legal principle of following precedent in court rulings.

What is legal precedent?

A previous court decision that influences future cases with similar facts.

What is open carry?

The legal carrying of a firearm in public, visible to others; laws vary by state.

What is selective incorporation?

The process by which the Supreme Court applies parts of the Bill of Rights to the states using the 14th Amendment’s Due Process Clause.

How do the 5th and 14th Amendments apply to selective incorporation?

The 5th applies to the federal government, the 14th extends protections to state actions.

What is judicial activism?

Judicial rulings based on personal or political considerations, often expanding rights.

What is judicial restraint?

Philosophy that courts should avoid overturning laws unless clearly unconstitutional.

What is Originalism?

Interpreting the Constitution based on its original meaning at the time it was written.

What is contraband?

Illegal or prohibited items (e.g., drugs, weapons) found during a search.

What is a bench trial?

A trial without a jury where the judge alone decides the outcome.

What was U.S. v. Miller (1939)?

The Court upheld restrictions on sawed-off shotguns, ruling that the 2nd Amendment protects weapons related to a "well-regulated militia."

What did D.C. v. Heller (2008) decide?

Individuals have a right to possess firearms for self-defense, striking down D.C.'s handgun ban.