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Ap Gov > COURT CASES and beyond (for FRQ & Unit Test) > Flashcards

COURT CASES and beyond (for FRQ & Unit Test) Flashcards

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1
Q

Bethel v. Frazier (1986)

A

Students made lewd, sexually suggestive speech in school for SGA elections.
- Can schools limit free speech by prohibiting lewd actions and offensive language?- YES

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2
Q

Wisconsin v. Yoder (1971)

A

You have to go to school until you’re 16

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3
Q

Hazelwood v. Kuhlmeier (1988)

A

Students wrote articles on divorce and teen pregnancy in the school newspaper and the principal removed them.
- Can schools control what goes into the student newspaper?- YES if there ar educational concerns

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4
Q

Brown v. Board (1954)

A

Ended racial segregation in schools

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5
Q

Civil Rights Act of 1964

A

Ended legal racial segregation in businesses, schools, and public accommodations

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6
Q

Heart of Atlanta Motel v. US (1964)

A

Upheld the constitutionality of the Civil Rights Act of 1964

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7
Q

Equal Pay Act (1963)

A

illegal to pay women less for the equivalent work of a man

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8
Q

Obergefell v. Hodges

A

Established marriage as a fundamental right for all citizens even those who are LGBTQ

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9
Q

Hernandez v. Texas (1954)

A

expanded protection based on race beyond African Americans

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10
Q

Plyler v. Doe (1981)

A

the 14th amendment

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11
Q

Age Discrimination in Employment Act of 1967 (ADEA)

A

protected individuals who are 40 years old or older from employment discrimination based on age

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12
Q

Voting Rights Act of 1965

A

protected African Americans against forms of racial discrimination in voting practices like poll taxes, literacy tests, and more character tests

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13
Q

Title IX (1972)

A

nobody can be denied access to any education benefit or program based on gender

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14
Q

Loving v. Virginia (1967)

A

Struck down laws banning interracial marraige

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15
Q

Fair Housing Act of 1968

A

Ended racial discrimination in buying/renting homes

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16
Q

Lemon v. Kurtzman (1971)

A

To help future supreme Corts determine if the government has violated the establishment clause
- Government conduct must have a secular purpose, principal or primary effect that doesn’t advance or inhibit religion, and cannot foster an excessive government entanglement with religion

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17
Q

Engel v. Vitale (1962)

A

New York had non-denominational and volunteer prayer to start a school day and parents sued saying it violate their children’s 1st amendment rights

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18
Q

Speech definition

A

the expression of an idea

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19
Q

Pure speech

A

words, spoken, or written, to communicate an idea

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20
Q

Symbolic Speech

A

actions of visuals that are intended to communicate an idea

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21
Q

Are symbolic speech and pure speech covered by our rights?

A

Yes

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22
Q

Protected Speech

A

the expression of an idea CAN NOT be punished or regulated by the government
- Talking in a non-threatening way

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23
Q

Unprotected Speech

A

the expression of an idea that CAN be regulated by the government
- fighting words, threats, defamation, inciting violence, some speech in school, etc.

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24
Q

Schenk v. US

A

Went against the draft (conviction was upheld)

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25
Q

Brandenburg v. Ohio (1969)

A

Speech can be prohibited if it is directed ar inciting or production imminent lawless action or if it is likely to incite actions

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26
Q

Morse v. Frederick (2007)

A

Students held up the “BONG HITS 4 JESUS” and were suspended
- Can schools limit free speech that involves drug use at school supervised events- NO

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27
Q

Mahoney Area School District v. BL (2021)

A

Student BL cursed out her school on Snapchat for not being able to join the varsity cheer or softball team, she was suspended after being reported
- Does the 1st amendment prohibit public school official from regulating off-campus student speech?- NO

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28
Q

Freedom of the Press

A

Protects the people from being punished for publishing information they find offensive
- seen as the bottom of a thriving democracy

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29
Q

Prior Restraint

A

the government attempt to restrict the media from publishing something

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30
Q

New York Times v. US

A

Reporters in NY held up papers giving away information about the government which did not harm anyone but was embarrassing.
- the ruling was that they were allowed to do that

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31
Q

Freedom of Petition and Assembly

A

Freedom of assembly: right to peacefully gather without government interference.
- Can be restricted by regulating the TIME, PLACE, and MANNER
Freedom of petition: the right to be able to submit a list of grievances to the government without fear of interference or punishment.

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32
Q

Individual Rights Theory

A

restricts legislative bodies from prohibiting firearms.
Views prohibitory and restrictive regulation as unconstitutional

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33
Q

Collective Rights Theory

A

Asserts that citizens do not have individual rights to posses guns.
Local, state, and federal legislative bodies have the authority to regulate firearms.

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34
Q

McDonald v. Chicago

A

After the case, DC v. Heller struck down outlawing guns, army people challenged their own handguns and other heavy restrictions
- Otis McDonald challenged the local laws of Chicago that regulated owning handguns

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35
Q

1st Amendment

A

RAPPS- Religion, Assembly, press, petition, speech

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36
Q

2nd Amendment

A

can own weapons and carry them

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37
Q

3rd Amendment

A

no quartering soldiers

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38
Q

4th Amendment

A

no illegal search and seizure by a government agent

39
Q

12th Amendment

A

President and vice president are on the same ticket

40
Q

22nd Amendment

A

limits the president to 2 terms

41
Q

25th Amendment

A

Order in line for president

42
Q

14th Amendment

A

protect non-citizens basic rights
1st- anyone born in the US is a citizen and of the state they live in
2nd- no state shall make a law that take away rights and protections given by the US
3rd- No state can take away your natural rights without going through the proper legal processes
4th- All laws made by states (and the US) have to apply to everyone equally

43
Q

19th Amendment (1920)

A

equal access to voting for women

44
Q

6th Amendment

A

right to a lawyer in a federal case

45
Q

5th Amendment

A

protects criminal defendants from having to testify if they may incriminate themselves through the testimony

46
Q

7th Amendment

A

Ensures that citizens’ civil cases can be heard and decided upon by a jury of their peers

47
Q

8th Amendment

A

Excessive bail shall not be required, not excessive fines imposed, nor cruel and unusual punishment inflicted

48
Q

9th Amendment

A

all rights not listed in the Constitution belong to the people, not the government

49
Q

10th Amendment

A

the federal government only has those powers delegated in the constitution

50
Q

11th Amendment

A

prohibit the federal courts from hearing certain lawsuits against states

51
Q

13th Amendment

A

abolished slavery and involuntary servitude, except as a punishment for a crime

52
Q

15th Amendment

A

granted African American men the right to vote

53
Q

16th Amendment

A

gives the federal government the power to levy an income tax on all income earners in the US

54
Q

17th Amendment

A

Allowed voters to cast direct votes for US Senators

55
Q

18th Amendment

A

prohibited alcohol

56
Q

Marbury v. Madison (1803)

A

Created judicial review

57
Q

McCulloch v. Maryland (1819)

A

upheld the supremacy clause- federal law is supreme

58
Q

Gibbons v. Ogden (1824)

A

Upheld the supremacy clause

59
Q

Dred Scott v. Sanford (1856)

A

upheld the fugitive slave act

60
Q

Plessy v. Ferguson (1896)

A

enforced black codes

61
Q

Gideon v. Wainwright

A

every person is given a lawyer (good or bad)

62
Q

Miranda v. Arizona

A

every person must be read their rights if they are questioned by the cops

63
Q

Tinker v. Des Moines School District (1968)

A

You have to let kids express themselves until it disrupts the learning environment

64
Q

New Jersey v. TLO (1985-pre Covid)

A

administrators have “reasonable cause” to search a person if they have reason
- police have probable cause which means they need proof

65
Q

Civil liberties

A

protections from the government
- Masks (fed)
- Stop and frisk laws (state)

66
Q

Civil rights

A

protection from the people
- easier to sue for breaking

67
Q

De facto segregation

A

not enforced by law–>socially accepted/norm

68
Q

De jure segregation

A

enforced by law

69
Q

Bill of Rights purpose

A

protect us from the government, written by antifeds and led by brutus (we have to have civil liberties)

70
Q

Selective incorporation

A

the process by which the Supreme Court has expanded the protections in the Bill of rights to state law
- purpose to protect citizens’ “fundamental liberties” like black people, native americans, women, disabled

71
Q

Establishment Clause

A

protections against the government supporting one religion over another an/or forcing citizens to support a religion

72
Q

Free Exercise Clause

A

the fundamental rights of citizens being able to practice their religious beliefs

73
Q

Due process

A

you have to be read your rights, given a lawyer, get a trial, etc.

74
Q

Whistleblower

A

Someone who works for the government and tells everyone about something secret in the government. They get protection.

75
Q

Past and current issues

A

taxpayers funds and religious schools, polygamy (1wife 2 husbands vise-versa, religious statues on government property, repairing religious icons

76
Q

Clues day 1-2

A

Americans fighting over sacred land in Native American territory.
-logging: cutting down trees
forestry service- interior departments
- est free exercise clauses/amendments

77
Q

Where are civil liberties attacked most?

A

College campuses

78
Q

Vague laws

A

so vague no one can get in trouble for them

79
Q

How do you decide what is obscene?

A

You decide what is obscene, community, illegal
- anything that lacks artistic, scientific, medial value is not obscene

80
Q

Can you force people to vote?

A

Yes, with incentives

81
Q

What is an issue we have when deciding what is an issue in fed government?

A

Fed government gets distracted by state problems an the bigger problems don’t get solved

82
Q

Steps written in Birmingham Jail Letter

A
  • finding evidence
  • negotiation with the people opposed to the movement
  • self purification
83
Q

Unjust laws

A

a code that is out of harmony with the moral code

84
Q

Just laws

A

man-made code that squares with the moral law

85
Q

Clear and present

A

Legal standard that speech posing an immediate and serious threat to national security is not protected by the 1st amendment

86
Q

Libel

A

An untrue written statement that injures a person’s reputation

87
Q

Slander

A

An untrue spoken expression that injures a person’s reputation

88
Q

Sedition

A

Conduct or speech inciting people to rebel against the state

89
Q

Affirmative action

A

Opportunities for minority and women

90
Q

Ex post facto law

A

Law that imposes criminal liability or increases criminal punishment retroactively

91
Q

Probable cause

A

Reasonable grounds for making a search, pressing a charge

92
Q

Bill of attainder

A

Legislation that imposes punishment on a specific person or group of people without a judicial trial

93
Q

Exclusionary rule

A

A law that prohibits the use of illegally obtained evidence in a criminal trial

Ap Gov (10 decks)

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