AP Gov Unit 3: 1st & 2nd Amendments

Civil Liberties

freedoms to think and act without government interference or fear of unfair legal treatment

civil rights

Policies designed to protect people against arbitrary or discriminatory treatment by government officials or individuals.

Civil Liberty

Freedom of speech is a:

Civil Liberty

Protection against unreasonable search/seizure is a:

Civil Right

Laws that prevent racial justice and/or gender discrimination

selective incorporation

The process by which provisions of the Bill of Rights are brought within the scope of the Fourteenth Amendment and so applied to state and local governments.

State

The bill of rights us to only apply at the federal level but over time the supreme court has applied specific provisions at the _______________ level

Baltimore V Barron

The supreme court ruled that the bill of rights did not apply to the states

Gitlow v. New York

The 1925 Supreme Court decision holding that freedoms of press and speech are "fundamental personal rights and liberties protected by the due process clause of the Fourteenth Amendment from impairment by the states" as well as by the federal government.

(Overturned Baltimore v Barron)

14th Amendment

Due process and equal protections clause are 2 key clauses under which amendment?

due process clause

14th amendment clause stating that no state may deprive a person of life, liberty, or property without due process of law (civil liberties)

Equal Protection Clause

14th amendment clause that prohibits states from denying equal protection under the law, and has been used to combat discrimination (civil rights)

Gitlow vs. NY

What was the 1st incorporation case ever?

1
2
4
6
8

Which amendments have currently been incorporated to the states?

Connecticut v palco

this supreme court case ruled that all fundamental liberties are to be gradually applied to the states

lawsuit

In order for a right to be incorporated, a ___________ must be filed and the court must hear the case.

Near v. Minnesota (1931)

Held that the guarantee of a free press does not allow a prior restraint on publication, except in extreme cases, such as during wartime

1st Amendment (free speech/ press)

Which amendment/provision was incorporated under the Near v. Minnesota case?

1st amendment (freedom of religion/establishment clause)

Which amendment/provision was incorporated under the Everson v. Board of Education case?

4th (searches and seizures)

Which amendment/provision was incorporated under the Map v. Ohio case?

6th Amendment- right to assistance or council in criminal cases

Which amendment/provision was incorporated under the Gideon v. Wainwright case?

5th Amendment- double jeopardy (based on 2nd indictment)

Which amendment/provision was incorporated under the Benton v. Maryland case?

2nd Amendment

Which amendment/provision was incorporated under the Mcdonald v. Chicago case?

Everson v. Board of Education

The Court ruled that the New Jersey law (allowing the state to pay for busing students to parochial shcools) was constitutional; the law benefited students rather than aided a religion directly.

Mapp v. Ohio

Established the exclusionary rule was applicable to the states (evidence seized illegally cannot be used in court)

freedom of the press

the right of journalists to publish the truth without restriction or penalty

New York Times v. US

Prior Restraint. Overruled Nixon's attempt to prevent publication of Vietnam documents

prior restraint

A government preventing material from being published. This is a common method of limiting the press in some nations, but it is usually unconstitutional in the United States, according to the First Amendment and as confirmed in the 1931 Supreme Court case of Near v. Minnesota.

Gideon v. Wainwright

A person who cannot afford an attorney may have one appointed by the government

Benton v. Maryland (1969)

The 5th Amendment protection against double jeopardy is enforceable against the states through the 14th Amendment. This overturned the Palko decision and established that protection against double jeopardy is a fundamental right.

McDonald v. Chicago (2010)

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

District of Columbia v. Heller (2008)

Court held that the Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that firearm for traditionally lawful purposes, such as self- defense within the home.

Miller v. California (1973)

Established that community standards be used in determining whether material is obscene in terms of appealing to prurient interest, being patently offensive, and lacking in value.

seditious speech

Speech that encourages an effort of people or groups to overthrow or harm the government using violence

Obscenity

Quality or state of a work that taken as a whole appeals to a prurient interest in sex by depicting sexual conduct in a patently offensive way and that lacks serious literary, artistic, political, or scientific value.

libel

A written defamation of a person's character, reputation, business, or property rights.

slander

the action or crime of making a false spoken statement damaging to a person's reputation.

False advertising

advertising that is misleading in some important way, including the failure to reveal facts about possible results from using the advertised products

- seditious speech
- obscenity
- eighting words
- libel
- slander
- false advertisement

key limitations to 1st amendments

overthrow

we are free to criticize the government, but may not advocate to _______________ it by force

Miranda Rule

the constitutional rights which police must read to a suspect before questioning can occur

clear and present danger test

law should not punish speech unless there was a clear and present danger of producing harmful actions

Procedural Due Process

Constitutional requirement that governments proceed by proper methods; limits how government may exercise power.

danger

in order to apply seditious speech, imminent ___________ or threats must be proven

substantive due process

asks the question of whether the government's deprivation of a person's life, liberty or property is justified by a sufficient purpose

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.

Texas v. Johnson

A 1989 case in which the Supreme Court struck down a law banning the burning of the American flag on the grounds that such action was symbolic speech protected by the First Amendment.

U.S v O'brien

Burning a draft card is not protected by free speech.

Tinker v. Des Moines

Students have the right to symbolic speech at school as long as it is not disruptive

compromising

Tinker v Des Moines set the precedent that: students still have reasonable free speech rights in school if they are not ______________ the learning environment

Unconstituitional

just because we are offended by someone's speech does not make it _________________________

petition

We are free to criticize and ______________ the government.

private

the 1st amendment protects form government infringements but that does not mean that will will not dace consequences in our _______________________ lives

investigations

while states have passed shield laws, members of the press may still be forced to reveal sources in criminal ______________________

Federal Communications Commission

The __________________ ___________________ _________________ (FFC) can prohibit the use of indecent language on television

broadcasters

the government generally has placed responsibility for content aren't on individuals and individuals, not __________________________________

abortion

one of the most assembly issues have been centered around ___________________ clinics

establishment clause

Clause in the First Amendment that says the government may not establish an official religion.

Free Execise Clause

Congress cannot pass laws that ban freedom of worship

Engel v. Vitale (1962)

Prohibited state-sponsored recitation of prayer in public schools by virtue of 1st Amendment's establishment clause and the 14th Amendment's due process clause; Warren Court's judicial activism.

Walace v. Jaffree

Unconstitutional to provide a one-minute period of silence for voluntary prayer/meditation during the school day.

Lee v. Weisman (1992)

Public schools may not have clergy lead prayers at graduation ceremonies

Lemon v. Kurtzman (1971)

Allowed states to provide textbooks and busing to students attending private religious schools. Established 3-part test to determine if establishment clause is violated: nonsecular purpose, advances/inhibits religion, excessive entanglement with government.

Lemon Test

The three-part test for Establishment Clause cases that a law must pass before it is declared constitutional: it must have a secular purpose; it must neither advance nor inhibit religion; and it must not cause excessive entanglement with religion.

permitted

according to establishment clause precedents, prayer in legislatures is ______________________

public

according to establishment clause precedents, the use of ________________ facilities for religious use is ok

multiple

according to establishment clause precedents, displaying religious symbols are okay as long as _____________ religions are represented

Unconstitutional.

according to establishment clause precedents, laws requiring the teaching of creation science with evolution are _________________________________

polygamy

according to free exercise clause precedents: _____________ has been outlawed regardless of the religious belief

religious ceremonies

according to free exercise clause precedents, states can deny the use of illegal drugs in ______________ ______________________

salute

according to free exercise clause precedents, you cannot be forced to ____________ the flag if your religion vies it as idolatry

8th

according to free exercise clause precedents, amish children must not me forced to attend school past the ________ grade