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ap gov > Chapter 4: civil liberties > Flashcards

Chapter 4: civil liberties Flashcards

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1
Q

Gitlow v. New York (1925)

A

→ bad tendency test: any speech that has the likelihood of inciting crime or disturbing the public peace can be silenced

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2
Q

civil liberties

A

constitutionally established guaranteed that protect citizens, opinions, and property against arbitrary government interference

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3
Q

Schenck v. US (1919)

A

→ clear and present danger test: the government may silence speech or expression when there is a clear and present danger that this speech will bring about some harm that the government has the power to prevent

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4
Q

Dennis v. US (1951)

A

→ clear and probable danger: the government could suppress speech to avoid grave danger , even if the probability of the dangerous result was relatively remote; replaced by the imminent lawless action (incitement) test in 1969

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5
Q

commercial speech

A

advertising statements that describe products

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6
Q

creationism

A

a theory of the creation of the earth and humankind that is based on a literal interpretation of the biblical story of Genesis

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7
Q

criminal due process rights

A

safeguards for those accused of crime; these rights constrain government conduct in investigating crimes, trying cases, and punishing offenders

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8
Q

double jeopardy

A

the trying of a person again for the same crime that they have been cleared of in court; barred by the 5th

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9
Q

due process

A

the legal safeguards that prevent the government from arbitrarily depriving citizens of life, liberty, or property; guaranteed by the 5th & 14th

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10
Q

Engel v. Vitale (1962)

A

→ school-directed prayer violated the establishment clause of the 1st

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11
Q

establishment clause

A

the 1st amendment clause that bars the government from passing any law “respecting an establishment of religion”; often interpreted as a separation of church & state… increasingly challenged

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12
Q

exclusionary rule

A

the criminal procedural rule stating that evidence obtained illegally cannot be used in a trial

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13
Q

fighting words

A

speech that is likely to bring about public disorder or chaos; scotus has held that this speech may be banned in public places to ensure the preservation of public order

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14
Q

free exercise clause

A

1st amendment clause prohibiting the government from enacting laws prohibiting an individuals practice of their religion; often in contention with the establishment clause

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15
Q

Gideon v. Wainwright (1963)

A

→ the states must adhere to the 6th amendment protections that give citizens the right to counsel in criminal cases

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16
Q

habeas corpus

A

protects an individual in custody from being held without the right to be heard in a court of law

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17
Q

Brandenburg v. Ohio (1969)

A

→ imminent lawless action test (incitement test) : speech is only restricted only if it goes beyond mere advocacy, or words, to create a high likelihood of immediate disorder or lawlessness

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18
Q

intelligent design

A

the theory that the apparent design in the universe and in living things is the product of an intelligent cause rather than of an undirected process such as natural selection; its primary proponents believe that the designer is God and seek to redefine science to accept supernatural explainations

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19
Q

lemon test

A

lemon v. kurtzman (1971) → 3 part test est to determine whether government aid to parochial school is constitutional; the test is also applied to other cases involving the establishment clause

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20
Q

marketplace of ideas

A

a concept at the core of the freedoms of expression and press, based on the belief that true and free political discourse depends on a free and unrestrained discussion of ideas

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21
Q

McDonald v. Chicago (2010)

A

incorporation of the second amendment to the states, ruling agnst a state law that regulated citizen access to guns

tough laws = cant carry → give gun for protection

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22
Q

Miranda rights

A

a criminal procedural rule, est by Miranda v. Arizona (1966), requiring police to inform criminal suspects , on their arrest, of their legal rights, such as the right to remain silent and the right to counsel; these warnings must be read to suspects before interrogation.

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23
Q

New York Times Company v. US (1971)

A

ruled agnst us governments attempt to prevent the NYT from publishing documents about the history of US involvement in Vietnam, and ruled support of freedom and of the press

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24
Q

obscenity

A

indecent or offensive speech or expression

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25
Q

prior restraint

A

a form of censorship by the government whereby it blocks the publication of news stories viewed as libelous or harmful BEFORE they are published

est in near v. minnesota 1931

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26
Q

right to privacy

A

the right of an individual to be left alone and to make decisions freely, without the interference of others

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27
Q

Roe v. Wade (1973)

A

scotus extended the right to privacy, ruling in favor of abortion rights

28
Q

selective incorporation

A

the process by which, over time, scotus applied the freedoms in the bill of rights that served some fundamental principle or liberty or justice to the states, thus rejecting total incorporation

29
Q

symbolic speech

A

nonverbal “speech” in the form of an action as picketing, flag burning, or wearing an armband to signify a protest

30
Q

time, place, and manner restrictions

A

regulations regarding when, where, or how expression may occur; must be content neutral

31
Q

Tinker v. Des Moines (1969)

A

→ 1st protected the wearing of black armbands by students as a form of political protest

32
Q

total incorporation

A

the theory that the 14th’s due process clause requires the states to uphold all freedoms in the bill of rights; rejected by the supreme court in favor of selective incorporation

33
Q

Wisconsin v. Yoder (1972)

A

→ compulsory education violated amish rights under the free exercise clause of the 1st

34
Q

intimate association

A

private matters that are kept from the public

35
Q

expressive association

A

association that is publicized

36
Q

griswold v. connecticut

A

by prohibiting the use of contraceptives, connecticut was violating the right to privacy of couples
→ one of the first cases that est right to privacy

37
Q

burwell v. hobby lobby

A

private enterprise that is religious can refuse birth control bc of religion, does not interfere with business practice

38
Q

employment v. smith

A

religious practice barred bc the practice is illegal

39
Q

evolution →

A

natural selection

40
Q

creationism →

A

intelligent design

41
Q

engel v. vitale is an example of

A

strict separation of church and state

42
Q

the lemon test for gov support:

A
  1. must not be in support of religious purposes
  2. cannot advance or spread a religion
  3. cannot entangle separation of church and state
43
Q

establishment clause: separationism

A

strict separation of church and state

44
Q

establishment clause: neutrality

A

government support is okay but cannot be biased towards one religion

45
Q

establishment clause: accomodationism

A

government is open to support as long as it does not create an official religion

46
Q

the government cannot …

A

hinder exercise of religion, favor one religion over another, or be hostile towards the practice of religion

47
Q

the internet is considered _____ media

A

print

48
Q

broadcast media

A

can be censored or blocked by government
through ruling in New York Times v, US

49
Q

near v. minnesota 1931

A

est prior restraint & incorporated freedom of the press

50
Q

freedom of the press is essential to …

A

democracy; keeping government officials accountable for their actions and keeping the public informed

51
Q

freedom of assembly

A

as long as orderly

52
Q

unprotected speech

A

commercial speech, libel/slander, obscene material, fighting words

53
Q

fighting words

A

words that can inflict injury or public disorder ex. if used to suppress, threaten, or silence individuals

54
Q

obscene material

A
  1. “prurient interest” - causes unwholesome sexual arousal
  2. depicts offensive sexual conduct
  3. lacks artistic value
55
Q

libel/slander

A

false statements that harm reputation

56
Q

commercial speech

A

ex. tobacco ads

57
Q

protected speech

A

pure & symbolic speech

58
Q

pure speech

A

actual words

59
Q

symbolic speech

A

nonverbal, actions, protest
ex.
us v. obrien (burning draft cards) unprotected symbolic speech bc hinders gov powers
tinker v. des moines (armbands) protected bc does not cause disruption
texas v. johnson (flag burning) protected bc not symbolic and not fighting words

60
Q

incitement test/imminent lawless action test/brandenburg test

A

gov must show that risk of harm was likely with the words that were used

61
Q

gitlow v. NY (1930)

A

giving out pamphlets to est socialist strikes
→ must prove the the likelihood of inciting the public
→ freedom of speech applied to states through 14th amendment

62
Q

percieved threat =

A

limiting freedoms

63
Q

district of columbia v. heller

A

→ the individual right for citizens to arm themselves for “lawful purposes” aka self defense

64
Q

barron v. baltimore

A

→ bill of rights only applied to protecting agnst arbitrary actions of the fed gov

65
Q

amendments in bill of rights tot incorporated

A

3 & 7

66
Q

14th amendment

A

the first thing put in place to extend the bill of rights to states

ap gov (12 decks)

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