Ap gov test 4 and 5 Flashcards
civil liberties
constitutional and other legal protections against gov actions; written in the bill of rights
bill of rights
1st ten amendments define basic liberties as freedom of speech, religion, press and guarantee defendants rights.
1st ammendment
protects 4 great liberties, freedome of speech, religion, of press and freedom of assembly
baron vs baltimore
supreme court case, holding bill of rights, restrained only national gov but not state and city assembly (states dont protect civil liberties)
14th amendment
adopted after civil war; “no state shall make or enforce any any law that shall thwart the privileges and immunities of citizens in the US. nor shall it deprive life, liberty and property, w/o due process of law, nor deny to any person within its juristriction the equal protection of the laws
giltow vs new york
supreme court case, holding the freedoms of press and speech are “fundemental personal rights” liberties protected by there due process clause in teh 14th ammendment by the states” as well as federally
due process clause
14th ammendment, guaranteeing people cannot deprived of life, liberty, or property by us or state gov without due process of law
incorporation doctrine
legal concept under which supreme court has nationalized bill of rights by making most of its provisions applicable to states through the 14th amendment
establishment clause
1st amendment; “congress shall make no laws respecting an establishment of religion”
free excercise clause
1st amendment; “prohibits gov from interfering w/ practice of religion”
Lemon vs kurtzman
supreme court case; aid to church related schools must have 1) secular legislative purpose 2) primary effect that neither advances nor prohibits religion 3) not foster excessive gov entanglement w/ religion
zelman vs simmons
supreme court case; upheld state program that provided vouchers that could help pay tuition at religious schools.
engel vs vitale
supreme court case; state offcials violated 1st amendment when they required tha prayer be recited by public school children
school district of Abington Pennsylvania vs schmepp
supreme court case; pennsylvania law requiring bible reading in schools violated the est. clause of 1st amendment
prior restraint
gov actions that that prevent material from being published, prior restraint is prohibited by 1st ammendment
near vs minnesota
supreme court case, first amendment protects newspaper from prior restraint
schneck vs us
supreme court case, conviction of socialist who had urged resistance to draft during world war 2. Holmes declared taht gov can limit speech is the speech provokes a ‘clear and present danger’
miller vs cali
supreme court case, community standard be used to determine whether material is obscene. 1) prurient intent (perverts liek it) 2)patently offensive 3) lacking in serious literary, artistic, political or scientific value
roth vs US
supreme court case, obscenity is not within that area of constitutionally protected speech or press
libel and slander
publication of false and malicious statements that may damage someone reputation; libel (written), slander (spoken)
new york time co. vs sullivan
supreme court case, to win damage suits for libel,, public figures prove that the defamatory statements about them were made w/ active malice and reduces disregard for truth. Private institutions have less standards then public figures for showing falsehood in statements
texas vs johnson
supreme court case, struck down law banning burning of flag, such actions was symbolic speech protected by 1st amendment
symbolic speech
nonverbal communication, (burning a. flag,, wearing armbands,) some symbolic speech is protect by the fist amendment
zurcher vs standford daily
supreme court case, search warrant could be applied to newspaper w/o necessary violating 1st amendment fright to freedom of speech
commerical speech
advertising which can be restriced more than many other types of speech
miami herald publish co. vs tornillo
supreme court case, state could not force newspaper to print replies from canidatedes it had criticized, case illustrates the limited power of gov to restrict print media
red lion broadcasting vs fed comm commisios
supreme court case, upheld restrictions on radio and televisions, court reassured that reg radio and tele broadcasting is justified bc there are only a limited # of broadcasting available
Ncaap vs alabama
supreme court case, right to assemble meant that alabama couldnt require NCAAp to reveal its mebership to them
mcdonalds vs chicago
supreme court case, extended 2nd amendment rights limits on restricting ind rights to bear arms to state and local gun control laws