Ap Gov Chapter 4 Civil Liberties

For AP Gov

Civil Liberties

legal and constitutional protections citizens have against government infringement

Bill of Rights

First ten amendments

Incorporation Doctrine (Selective Incorporation)

legal concept under which the Supreme Court has nationalized the Bill of Rights by making most of its provisions applicable to the states through the Fourteenth Amendment’s due process clause

Establishment Clause

the first clause in the First Amendment’s freedom of religion right, which prohibits the national government from creating a national religion and is the basis for the “separation of church and state”

Free Exercise Clause

the second clause in the First Amendment’s freedom of religion right, which prohibits the national government from interfering in the practice of religion as long as the religious practice doesn’t break any laws

Prior Restraint

when the government prevents material from being published (censorship)

Symbolic Speech

actions used to express an idea, instead of pure speech

Pure Speech

Verbal Speech

Seditious Speech

speech that promotes the overthrowing of the U.S. gov’t by force, which can be limited

Clear and Present Danger Doctrine

speech that endangers public safety, which can be limited

Bad Tendency Doctrine

speech that can cause or incite illegal activities, which can be limited

Libel

publication of false or malicious statements that could damage someone’s reputation, good name, or character

Slander

spoken false or malicious statements that could damage someone’s reputation, good name, or character

Probable Cause

the evidence necessary in order for the police to obtain a search warrant

(Search) Warrant

written authorization signed by a judge, specifying the area to be searched and the specific item(s) the police are searching for

Exclusionary Rule

prohibits the government from using illegally obtained evidence in a trial

Reasonable Suspicion

legal standard of proof that is less than probable cause because it’s a belief that someone is committing a crime or breaking the rules without any real evidence

Plain View Doctrine

allows a police officer to seize (sans warrant) evidence and contraband found in “plain view” during a lawful search

Good Faith Exception

evidence can be used in court if the police who seized it mistakenly thought they were operating under a constitutionally valid search warrant

Exigent Circumstances

in an emergency situation, or while in “hot pursuit”, the police do not need a search warrant to enter a residence

Due Process

the procedures the government has to go through if they are trying to take away a citizen’s life, their liberty, or their property and is given to citizens through the Fifth Amendment

Self-Incrimination

a protection in the Fifth Amendment, which allows citizens to remain silent and not testify against themselves

Double Jeopardy

a protection in the Fifth Amendment in which a defendant who was exonerated by a jury can’t be tried for the same crime again

Eminent Domain

the right of the government to take a citizen’s property; however, the gov’t must pay the value of the property and use the space for public good

Counsel

a protection of the Sixth Amendment which allows a defendant representation of an attorney

Change of Venue

when a defendant petitions to move their trial to a different jurisdiction