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AP Civics & Government > IV - Civic Liberties & Public Policies > Flashcards

IV - Civic Liberties & Public Policies Flashcards

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1
Q

Civil liberties

A

Protections of individuals/ groups against the gov’t

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2
Q

Balance b/t public order & individual freedom

A

civil liberties are NOT absolute

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3
Q

Bill of Rights

A

added to Constitution to appease concerns of Anti-Federalist

first 10 amendments

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4
Q

Bill of Rights originally only applid to

A

the federal gov’t

first amendment says “Congress shall make no law…”

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5
Q

Incorporation

A

Most of the Bill of Rights applied to citizens relationship with state & local gov’t

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6
Q

Barron v Baltimore (1833)

A

SCOTUS ruled Bill of Rights applied ONLY to the federal gov’t

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7
Q

Gitlow v New York (1925)

A

Due process clause of the 14th Amendment meant states could not violate freedom of speech

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8
Q

Incorporation doctrine

A

Application of some rights to state gov’t

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9
Q

Freedom of religion

A

Protected by the First Amendment

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10
Q

First Amendment contains two parts protecting religion

A

Establishment Clause

Free Exercise Clause

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11
Q

Establishment Clause

A

Gov’t can’t make an official religion or favor one religion over another

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12
Q

Free Exercise Clause

A

Prohibits the denial of a citizens’ freedom to worship (or not to worship) as they want

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13
Q

Quote on religion in first amendment

A

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof

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14
Q

“wall of separation”

A

Mentioned by Jefferson

Religion & gov’t should remain separate entities

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15
Q

Conflicting interpretations of Establishment Clause

A

Should prayer be allowed in public school?
Can religious symbols be posted on gov’t property?
What about holiday decorations such as menorahs & nativity scenes?
Can states prohibit the teaching of evolution in public schools?
Are religious schools eligible for gov’t aid?

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16
Q

Engel v Vitale

A

Public school can’t sponsor prayer as it is unconstitutional

Students may pray in school, but it can’t be led by a school employee

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17
Q

Equal Access Act (1984)

A

Students must be allowed to use school grounds for religious worship if they allow other groups to host meetings

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18
Q

Can religious symbols be posted on gov’t property?

A

Banned if displayed to promote religion

Allowed if serving a legitimate historic purpose

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19
Q

What about holiday decorations?

A

Inconsistent rulings

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20
Q

Butler Act in Tennessee

A

Prohibits public school teachers from denying the biblical idea of creation

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21
Q

Scopes Trial

A

Used to test constitutionality of Butler Act involving John Scopes as defendant

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22
Q

Epperson v Arkansas (1968)

A

SCOTUS declared states can’t ban teaching of evolution or require teaching creationism

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23
Q

Lemon v Kurtzman (1971)

A

Issue of feeding money to parochial schools

Money may be given to religious schools

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24
Q

Lemon Test

A

Aid must have a secular legislative purpose
Primary effect of aid must neither advance/ prohibit religion
Must not foster excessive gov’t entanglement

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25
Q

Zelman v Simmons-Harris (2002)

A

Ruled vouchers could be used to pay tuition at religious schools

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26
Q

Conflicting interpretations of Free Exercise Clause

A

What happens when a religious practice violates norms & laws in society?

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27
Q

Wisconsin v Yoder (1972)

A

forcing Amish students to attend school past 8th grade violates the free exercise clause

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28
Q

Strict scrutiny

A

To restrict religious practices the state must show a compelling state interest in restricting activity
Must be narrowly tailored

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29
Q

Freedom of Expression

A

Congress shall make no law or abridging the freedom of speech

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30
Q

Prior restraint

A

Censorship by the gov’t

Stopping publication of material in advance

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31
Q

Near v Minnesota (1931)

A

SCOTUS ruled prior restraint unconstitutional

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32
Q

NY times Co. v US (1971)

A

Established a “heavy presumption against prior restraint” even in cases involving national security
US tried to prevent Pentagon Papers from being published

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33
Q

Prior restraint exceptions

A

Public school newspaper

Exceptions for national security

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34
Q

SCOTUS has restricted speech during

A

Times of war or national security threats

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35
Q

Schenck v US (1919)

A

Speech could be restricted if it poses a clear & present danger
Schenck was distributing posters urging men to resist the WWI draft

36
Q

Smith Act

A

forbid advocating the violent overthrow of gov’t

37
Q

Brandenburg v Ohio (1969)

A

Established the imminent lawless violence standard

Gov’t can’t punish inflammatory speech

38
Q

Obscene

A

Offensive or disgusting by accepted standards of morality or decency

39
Q

Roth v US (1957)

A

Obscene material is not always constitutionally protected

40
Q

Miller v California (1973)

A

SCOTUS sought to clarify obscenity standards

41
Q

Materials are obscene if

A

Lacked “serious literary, artistic, political, or scientific value”
Showed “patently offensive” sexual conduct
Appealed to a “prurient interest”

42
Q

Most Americans do not want all obscene materials

A

To be banned to consenting adults

Adult content, violent video games/ movies

43
Q

Malicious false statements that hurt an individual’s reputation

A

Are not protected speech

44
Q

Libel

A

written defamation

45
Q

Slander

A

Spoken defamation

46
Q

Libel & slander can

A

Both be prosecuted but standards for conviction are high

47
Q

New York Times v Sullivan

A

Comments about public figures are only libelous if the person knew they were untrue & had malicious intent to harm the person

48
Q

Symbolic speeach

A

Action that expresses an opinion

Protected by the first amendment

49
Q

Tinker v Des Moines Independent School District (1969)

A

Wearing an armband to protest the Vietnam War

50
Q

Texas v Johnson (1989)

A

burning the US flag is constitutional and a form of free speech

51
Q

Restrictions on symbolic speeach

A

Can’t burn draft cards

52
Q

Commerical speeach

A

Regulated by Federal Trade Commission

53
Q

Regulations on commercial speech

A

Can’t make false claim
Prohibits advertising of items such as cigarettes
Restrictions of bad words on public airwaves

54
Q

Federal Communications Commision

A

Regulates radio, TV, cable, & other media broadcasts

55
Q

Freedom of Assembly

A

Right of citizens to gather together to make a statement

56
Q

Forms of assembly

A

protest
picket
parade

57
Q

Restrictions of assembly

A

Permit needed
Time, place, manner
Must stay on public property
Local gov’t can’t discriminate against a group

58
Q

Right to associate with similarly minded people

A

is protected such as joining organizations

59
Q

NAACP v Alabama (1958)

A

Alabama could not require NAACP to turn over its membership list

60
Q

Second Amendment states

A

“A well regulated Militia, being necessary to the security of a free state, the right of the people to keep and bear Arms, shall not be infringed.”

61
Q

Debate over second amendment

A

Right of states to create militias vs individual right to bear arms

62
Q

District of Columbia v Heller (2008)

A

Right to bear arms isn’t connected to service in a militia

Laws restricting a citizens ability to use a gun for self-defense are unconstitutional

63
Q

McDonald v Chicago (2010)

A

Second amendment is applicable to states through 14th amendment

64
Q

Defendants’ Rights

A

Individuals accused of crime in US have a wide variety of Constitutional protections

65
Q

4th Amendment

A

Protections against unreasonable searches & seizures

66
Q

How can the gov’t legally search a property?

A

Need a warrant and a probable cause: good reason to suspect person is guilty

67
Q

Exclusionary rule

A

Illegally obtained evidence can’t be used by the prosecution

68
Q

Mapp v Ohio (1961)

A

evidence seized illegally without a warrant may not be used

69
Q

Many exceptions for need of a warrant

A

Somebody is injured inside home

debate over technicality

70
Q

5th amendment

A

Protects against self incrimination & burden of proof on prosecution
Can’t be forced to testify against yourself
Innocent until proven guilty

71
Q

Miranda v Arizona (1966)

A

Ruled that police must inform an accused person of their rights

72
Q

Rights of accused person

A

Right to remain silent, what you say can be used against you, right to attorney during questioning, right to attorney provided if can’t afford one

73
Q

6th Amendment

A 
Right to speedy & public trial
Right to an impartial jury trial
Right to be informed of all charges
Right to confront accusers in court
Right to producing supporting evidence & witnesses
Right to legal counsel
74
Q

Gideon v Wainwright (1963)

A

States must provide an attorney for indigent/poor

75
Q

Habeas corupus

A

An individual can’t be held indefinitely without charge

76
Q

Patriot Act (2001)

A

Gave gov’t new power of surveillance to stop potential terrorist

77
Q

What did the Patriot Act allow?

A

No warrant needed to wiretap, searching library record, etcs

78
Q

Guantanamo Bay Naval Base

A

US naval base where prisoners are being held

79
Q

8th Amendment

A

forbids cruel & unusual punishment -> not exactly defined

80
Q

Gregg v Georgia (1976)

A

Death penalty/ capital punishment not cruel and unusual punishment
Except for juveniles and mentally ill/ disabled

81
Q

Right to privacy

A

No explicit mention in Constitution/ Bill of Rights

Inferred from other constitutional rights

82
Q

Griswold v Connecticut (1965)

A

Court ruled that right to privacy is implied

83
Q

Roe v Wade (1973)

A

Right to privacy protects a woman’s decision to end a pregnancy

84
Q

Planned Parenthood v Casey (1992)

A

Restrictions on abortion were unconstitutional only if they placed undue burden on a woman seeking an abortion

85
Q

Constitution stops the democratic majority from

A

curtailing the civil liberties of minorities

86
Q

Provisions of Bill of Rights are continually being interpreted to

A

balance the power of gov’t and civil liberties of individuals

AP Civics & Government (36 decks)

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