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Chapter 4 AP Gov vocab

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Section 1

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Civil Liberties

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Date created

Mar 1, 2020

Cards (46)

Section 1

(46 cards)

Civil Liberties

Front

freedoms to think and act without government interference or fear of unfair legal treatment

Back

Sixth Amendment

Front

A constitutional amendment designed to protect individuals accused of crimes. It includes the right to counsel, the right to confront witnesses, and the right to a speedy and public trial.

Back

School District of Abington Township, Pennsylvania v. Schempp

Front

holding that pensylvania law requiring bible reading in schools violated the establishment clause

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symbolic speech

Front

an act that conveys a political message

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Roe v. Wade

Front

(1973) legalized abortion on the basis of a woman's right to privacy

Back

Gideon v. Wainwright

Front

A person who cannot afford an attorney may have one appointed by the government

Back

First Amendment

Front

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

Back

New York Times v. Sullivan

Front

1964; established guidelines for determining whether public officials and public figures could win damage suits for libel. To do so, individuals must prove that the defamatory statements were made w/ "actual malice" and reckless disregard for the truth

Back

Due Process Clause

Front

14th amendment clause stating that no state may deprive a person of life, liberty, or property without due process of law

Back

Schenck v. United States

Front

A 1919 decision upholding the conviction of a socialist who had urged young men to resist the draft during World War I. Justice Holmes declared that government can limit speech if the speech provokes a "clear and present danger" of substantive evils.

Back

probable cause

Front

reasonable cause for issuing a search warrant or making an arrest; more than mere suspicion

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Bill of Rights

Front

The first ten amendments to the Constitution

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right to privacy

Front

The right to a private personal life free from the intrusion of government.

Back

McCleskey v. Kemp

Front

The 1987 Supreme Court decision that upheld the constitutionality of the death penalty against charges that it violated the Fourteenth Amendment because minority defendants were more likely to receive the death penalty than were White defendants.

Back

Miranda v. Arizona

Front

Supreme Court held that criminal suspects must be informed of their right to consult with an attorney and of their right against self-incrimination prior to questioning by police.

Back

Lemon v. Kurtzman

Front

Three tests are described for deciding whether the government is improperly involved with religion

Back

Fourteenth Amendment

Front

A constitutional amendment giving full rights of citizenship to all people born or naturalized in the United States, except for American Indians.

Back

Eigth Amendment

Front

freedom from excessive bail. freedom from excessive fines and cruel and unusal punishment.

Back

plea bargaining

Front

A bargain struck between the defendant's lawyer and the prosecutor to the effect that the defendant will plead guilty to a lesser crime (or fewer crimes) in exchange for the state's promise not to prosecute the defendant for a more serious (or additional) crime.

Back

cruel an unusual punishment

Front

court sentence prohibited by the 8th amendment

Back

self-incrimination

Front

testifying against oneself

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Engel v. Vitale

Front

The 1962 Supreme Court decision holding that state officials violated the First Amendment when they wrote a prayer to be recited by New York's schoolchildren.

Back

Mapp v. Ohio

Front

Established the exclusionary rule was applicable to the states (evidence seized illegally cannot be used in court)

Back

Establishment Clause

Front

Clause in the First Amendment that says the government may not establish an official religion.

Back

commercial speech

Front

Communication in the form of advertising. It can be restricted more than many other types of speech but has been receiving increased protection from the Supreme Court.

Back

Red Lion Broadcasting Company v. Federal Communications Commission

Front

upheld the equal time provisions of the Fairness Doctrine, ruling that it was "the right of the public to receive suitable access to social, political, esthetic, moral, and other ideas and experiences.

Back

NAACP v. Alabama

Front

The Supreme Court protected the right to assemble peaceably in this 1958 case when it decided the NAACP did not have to reveal its membership list and thus subject its members to harassment.

Back

Zelman v. Simmons-Harris

Front

The 2002 Supreme Court decision that upheld a state providing families with vouchers that could be used to pay for tuition at religious schools.

Back

Libel

Front

written defamation

Back

Gregg v. Georgia

Front

The 1976 Supreme Court decision that upheld the constitutionality of the death penalty, stating, "It is an extreme sanction, suitable to the most extreme of crimes." The court did not, therefore, believe that the death sentence constitutes cruel and unusual punishment.

Back

incorporation doctrine

Front

The legal concept under which the Supreme Court has nationalized the Bill of Rights by making most of its provisions applicable to the states through the Fourteenth Amendment.

Back

exclusionary rule

Front

improperly gathered evidence may not be introduced in a criminal trial

Back

Zurcher v. Stanford Daily

Front

A 1978 Supreme Court decision holding that a proper search warrant could be applied to a newspaper as well as to anyone else without necessarily violating the First Amendment rights to freedom of the press.

Back

Miami Herald Publishing Company v. Tornillo

Front

A 1974 case in which the Supreme Court held that a state could not force a newspaper to print replies from candidates it had criticized, illustrating the limited power of government to restrict the print media.

Back

prior restraint

Front

government censorship of information before it is published or broadcast

Back

Fifth Amendment

Front

A constitutional amendment designed to protect the rights of persons accused of crimes, including protection against double jeopardy, self-incrimination, and punishment without due process of law.

Back

unreasonable searches and seizures

Front

Obtaining evidence in a haphazard or random manner, a practice prohibited by the Fourth Amendment. Probable cause and/or a search warrant are required for a legal and proper search for and seizure of incriminating evidence.

Back

search warrant

Front

A court order allowing law enforcement officers to search a suspect's home or business and take specific items as evidence

Back

Gitlow v. New York

Front

established selective incorporation of the Bill of rights; states cannot deny freedom of speech; protected through the 14th amendment

Back

Barron v. Baltimore

Front

The 1833 Supreme Court decision holding that the Bill of Rights restrained only the national government, not the states and cities.

Back

Near v. Minnesota

Front

the 1931 Supreme Court decision holding that the first amendment protects newspapers from prior restraint.

Back

Texas v. Johnson

Front

A 1989 case in which the Supreme Court struck down a law banning the burning of the American flag on the grounds that such action was symbolic speech protected by the First Amendment.

Back

Planned Parenthood v. Casey

Front

A 1992 case in which the Supreme Court loosened its standard for evaluating restrictions on abortion from one of "strict scrutiny" of any restraints on a "fundamental right" to one of "undue burden" that permits considerably more regulation.

Back

Roth v. US

Front

A 1957 Supreme Court decision ruling that "obscenity is not within the area of constitutionally protected speech or press."

Back

Miller v. California

Front

A 1973 Supreme Court decision that avoided defining obscenity by holding that community standards be used to determine whether material is obscene in terms of appealing to a "prurient interest" and being "patently offensive" and lacking in value.

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Free Exercise Clause

Front

A First Amendment provision that prohibits government from interfering with the practice of religion.

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