AP Gov: UNIT 3

Mapp v. Ohio

Evidence obtained by an illegal search & seizure is inadmissible in court

Libel

Written defamation

Abington School District v. Schempp

Prayer in classrooms determined to violate 1st Amend

Affirmative Action

Policy in education admissions or job hiring that gives attention to disadvantaged groups to overcome past discrimination

Argersinger v. Hamlin

No person imprisoned for any offense (petty, misdemeanor, felony) unless represented by counsel at trial

Bad Tendency

Test which permits restriction of speech by gov if believed that a form of speech has reason to cause illegal activity

Bethel School District v. Fraser

School officials decide what manner speech is appropriate for school sponsored activity

Bill of Rights

First 10 Amends

Brown v. Board of Edu

Segregation violates “Equal Protection” Clause of the 14th Amend

Clear & Present Danger

Gov. can interfere w/ speech if it will lead to evil or illegal acts

Censorship

Restricting access to ideas and information

Civil Liberties

Constitutionally guarantees freedoms that protects citizens, opinions, and property against arbitrary gov interference

Defamatory Speech

False speech outside 1st Amend protection that damage a person’s character or reputation (unprotected by Constitution)

Discrimination

Unequal treatment of equals

District of Columbia v. Heller

Individuals have right to own and possess firearms

Civil Rights

Individuals rights as a citizen to participate free from discrimination or persecution

Due Process Clause

14th Amend clause- no state may deprive a person of life, liberty, or property w/o due process of law

8th Amend

No cruel or unusual punishment

Eminent Domain

Power of gov to take private property for public use

Engel v. Vitale

Banned formal prayer in schools, gov wouldn’t make any religion the ‘official’ religion

Equal Protection Clause

14th Amend clause- prohibits states from denying equal protection under the law

Escobedo v. Illinois

Ruled that right of lawyer exists at time of questioning

Espionage Act

Gave gov new ways to combat spying

Establishment Clause

1st Amend ban on laws “respecting an establishment of religion”

Exclusionary Rule

Prevents evidence obtained by illegal search from being used against the accused

5th Amend

Right to remain silent/double jeopardy, right to due process

Fighting Words

Speech intended to incite violence

1st Amend

Freedom of Speech

4th Amend

Protection against unreasonable searches and seizures

14th Amend

All people born in US are citizens and guaranteed equal protection of the law

Free-Exercise Clause

1st Amend requirement that law can’t prevent free excercise of religion

Gideon v. Wainwright

Ruled guarantee the right to counsel allows poor defendants access to state-paid attorneys

Gitlow v. NY

Speech restricted if possessed a “bad tendency” or a sole tendency to incite or cause illegal activity

Griswold v. Connecticut

Prohibiting contraceptives use or have advice on their use by a 3rd party invades privacy and is unconstitutional

Hate Speech

Form of profanity meant to degrade, intimidate, or dehumanize groups of people

Incorporated Rights

All aspects of the amend are applicable to states (1st, 2nd, 4th)

Intermediate Scrutiny Test

Equal protection test used by SC that requires gov to prove that use of classifications (age, gender, race) is related to an important gov objective

Kuhlmeier v. Hazelwood

Public officials control editorial content of school newspaper as an education tool

Lemon Test

3-pronged rule used by courts to determine whether establishment clause is violated

MLK Jr letter from Birmingham Jail

Any law that uplifts human personality is just.

Any law that degrades human personality is unjust.

Liberal Position on Affirmative Action

Believe gov should use affirmative action to help

Conservative Position on Affirmative Action

Believe affirmative action doesn’t help combat disadvantaged groups overcome past discrimination

Liberal Perspective on Gun Control

Want strict regulation

Conservative on Gun Control

Want lenient regulation

Libertarians on Security & Liberty

Believe gov only be involved when it comes to national security and maximizing political freedom

Statists on Security & Liberty

Believe gov should have most control to protect nations security at cost of people’s liberty

McDonald v. Chicago

Incorporated 2nd Amend right to bear arms to the states

Morse v. Frederick

School officials can prohibit students from displaying messages that undermine the school’s mission

NAACP v. Alabama

Organizations don’t have to give a list of members to the gov

Near v. Minnesota

Gov can’t censor content before its publication regardless of how scandalous they might be

New Jersey v. TLO

School officials may conduct warrantless searches of students w/ reasonable suspicions

New York Times v. US

SC dealt w/ issue about state’s power to prohibit publication of official documents

9th Amend

Citizens entitled to rights not listed in Constitution

Plessy v. Ferguson

“Separate but equal” doctrine SC upheld the constitutionality of jim crow laws

Post Restraint

Holding people accountable for published works

Presser v. Illinois

States may forbid private armies

Prior Restraint

Allowing gov to review content of printed materials and prevent their publication

Probable Cause

Reasonable grounds for making a search, pressing a charge, etc.

Rational Basis Test

Lowest-level standard by SC to determine whether a law is compatible w/ the Constitution

Reasonable Suspicion

Evidence that justifies an officer in stopping and questioning an individual believed to be involved in criminal activity

Right to Privacy

Protection from interference w/ private sphere of a person’s affair

Roe v. Wade

Legalized Abortion

Judiciary Branch & Minority Rights

Insulation or protection makes the judiciary branch the primary guardian of minority rights

Legislative Branch on Civil Rights

Enacts laws to overcome local and state obstructions

Civil Rights Act of 1964

Prohibited discrimination in employment and established the Equal Employment Opportunity Commission

2nd Amend

Right to bear arms

Seditious Speech

Speech directing an overthrow of gov

Segregation

Separation of people based on racial, ethic, or other differences

7th Amend

Right to a trial by jury in civil cases

6th Amend

Right to a speedy trial by jury, representation by an attorney for an accused person

Slander

Spoken falsehood

Strict Scrutiny Test

Test applied by court when a classification is based on race; gov must show a compelling reason for the law and no other less restrictive way to meet the interest

Symbolic Speech

Nonverbal communication protected by 1st Amend

10th Amend

Power not given to fed. gov belong to people and states

Tinker v. Des Moines

Students have right to symbolic speech at school as long as it isn’t disruptive

US v. Miller

States can restrict type of weapons that wouldn’t be used by an person in a militia

USA Patriot Act

Lowered probable cause threshold for obtaining intelligence warrants

Wisconsin v. Yoder

Amish don’t have to attend school after 8th grade (right to freedom of religion)