AP Government Civil Liberties and RIghts

Bill of Rights protects against (Fed or State)?

Federal

What is protection against "arbitrary" government interference?

Civil liberties

Which branch interprets Bill of Rights?

Judicial

What are TWO clauses of 1st Amendment Religion?

Free exercise and Establishment clause

What did Engel v Vitale rule?

School sponsorship of religious activities violates the establishment clause

Wisconsin v Yoder?

Amish students didn't have to attend school past the eighth grade

In 5 and 6 above - which clauses did court say was violated?

Yoder: Free exercise clause Vitale: the establishment clause

What was ruled in Des Moines v Tinker?

Students could wear black armbands to protest the Vietnam War

When can student's freedom of speech be taken?

When it causes a disruption or distraction to the learning environment

What are the THREE VARIABLES in Freedom of Speech

Time, place, and manner

What was ruled in Schenck? What test was established?

Speech that creates a clear and present danger isn't allowed

What is the "Four Point Test" in Freedom of Speech?

a. The law must be content neutral b. The law must serve a significant government interest c. The law must be narrowly tailored d. There must be adequate alternative ways of expression

What is false printed statement?

Libel

What is a false spoken statement?

Slander

Are slander and libel protected speech?

No

What is the three-point test for obscenity?

Miller test : a. The average person applying contemporary community standards finds it appeals to the excessive sexual interest b. It depicts or describes in a patently offensive way, sexual conduct that violates state law c. It lacks a serious literary, artistic, political or scientific value

What was the precedent decided in NY Times v US?

Heavy presumption against prior restraint even in cases involving national security

Near v Minnesota?

Set precedent for prior restraint incorporated Freedom of Speech

US v Miller?

Sawed off double barrel shotguns aren't allowed

DC v Heller?

DC law that restricted handguns violated the Second Amendment

McDonald v Chicago?

Incorporated second amendment to states

What is "Incorporation"?

Putting the Bill of Rights into the states

What Amendment does 22 above use as precedent?

14th

What is the "Miranda Rule?"

Officers have to read you your rights before interrogating you

Which "due process" rights does above use?

Fifth and Sixth Amendment

What is the "public safety exception"?

If police find an empty holster they can ask about where the gun is and can use it in court as evidence