AP GOV unit three test review

Unit 3 Review Sheet: Key Topics

• First Amendment Rights:

  • Covers five main rights:

    • Freedom of Speech

    • Freedom of Religion

    • Freedom of Press

    • Right to Assemble

    • Right to Petition the Government

• Free Exercise vs. Establishment Clauses:

  • Free Exercise Clause: Protects individuals' rights to practice their religion freely, unless it violates public morals or a compelling government interest.

  • Establishment Clause: Prohibits the government from establishing an official religion or favoring one religion over another.

• Types of Speech Protected by the 1st Amendment:

  • Protected: Political speech, symbolic speech (as long as it is not disruptive).

  • Not Protected: Obscenity, incitement to violence, defamation, and fighting words.

• Limiting Peaceable Assembly:

  • Circumstances such as time, place, and manner restrictions may apply to limit this right.

• Prior Restraint:

  • Definition: Government action that prevents communication or speech before it occurs.

  • Supreme Court Rule: Generally, prior restraint is unconstitutional, strengthening freedom of press.

• Selective Incorporation:

  • Definition: The process by which certain rights enumerated in the Bill of Rights are applied to the states through the Fourteenth Amendment's Due Process Clause.

  • Started with: Gitlow v. New York (1925).

• Exclusionary Rule:

  • Definition: Evidence obtained in violation of the Fourth Amendment cannot be used in court.

  • Based on the Fourth Amendment protection against unreasonable searches and seizures.

• Protections for the Accused (5th & 6th Amendments):

  • 5th Amendment: Right against self-incrimination, double jeopardy, and guarantees due process.

  • 6th Amendment: Right to a speedy trial, impartial jury, and legal counsel.

• Civil Rights Leaders' Methods:

  • Nonviolent protest, legal action, and grassroots organizing were the most effective methods used to fight for civil rights.

• Voting Rights Act of 1965:

  • Effect: Prohibited racial discrimination in voting, leading to increased voter registration and participation among African Americans.

• Title IX Impact:

  • Effect: Prohibited sex-based discrimination in federally funded educational programs and activities, increasing women's participation in athletics and education.

• Affirmative Action:

  • Definition: Policies to improve opportunities for historically underrepresented groups.

  • Court's Ruling: Affirmative action can be considered in college admissions but cannot be the sole determining factor.

Unit 3 Court Cases:

• Schenck v. United States (1919):

  • Constitutional Principle: 1st Amendment - Free Speech

  • Result: Established the "clear and present danger" test for restrictions on speech.

• Tinker v. Des Moines (1969):

  • Constitutional Principle: 1st Amendment - Free (symbolic) Speech

  • Result: Students have free speech rights as long as the speech is political and not disruptive.

• New York Times Co. v. U.S. (1971):

  • Constitutional Principle: 1st Amendment - Free Press

  • Result: Limited prior restraint, strengthening press freedoms.

• Wisconsin v. Yoder (1972):

  • Constitutional Principle: 1st Amendment - Free Exercise Clause

  • Result: Amish families could withdraw from public schooling for religious reasons.

• Engel v. Vitale (1962):

  • Constitutional Principle: 1st Amendment - Establishment Clause

  • Result: School-sponsored, voluntary prayer unconstitutional.

• Gideon v. Wainwright (1963):

  • Constitutional Principle: 6th Amendment - Right to Counsel

  • Result: Guaranteed legal counsel for defendants in all states.

• Brown v. Board of Education of Topeka (1954):

  • Constitutional Principle: 14th Amendment - Equal Protection Clause

  • Result: Segregated schools declared inherently unequal, overturning Plessy v. Ferguson.

• Baker v. Carr (1961):

  • Constitutional Principle: 14th Amendment

  • Result: Established the ability of federal courts to rule on state redistricting issues; implemented "one person, one vote" rule.

• Shaw v. Reno (1993):

  • Constitutional Principle: 14th Amendment - Equal Protection Clause

  • Result: Racial gerrymandering declared unconstitutional.

• McDonald v. Chicago (2010):

  • Constitutional Principle: 14th Amendment - Due Process; Privileges & Immunities, 2nd Amendment

  • Result: Incorporated the 2nd Amendment through the Due Process Clause of the 14th Amendment, affirming the right to bear arms at state level.