AP GOPO Ch. 4 Civil Liberties Terms

The constitutional and other legal protections against government actions. Our’s are formally set down in the Bill of Rights.

The first ten amendments to the US Constitution, which define such basic liberties such as freedom of religions, speech, and the press; and they guarantee defendant’s rights.

The constitutional amendment adopted after the Civil War that declares “No state shall make or enforce any law which shall abridge the privileges or immunities of citizens in the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law, nor deny any person within its jurisdiction the equal protection of the laws.

The 1925 Supreme Court decision holding that freedoms of press and speech are “fundamental personal rights and liberties protected by the due process clause of the Fourteenth Amendment from impairment by the states” as well as by the federal government.

Part of the Fourteenth Amendment guaranteeing that persons cannot be deprived of life, liberty, or property by the US or state governments without due process of law.

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.

Part of the First Amendment stating that “Congress shall make no law respecting an establishment of religion.”

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

The 1971 Supreme Court decision that established that aid to church-related schools must (1) have a secular legislative purpose; (2) have a primary effect that neither advances nor prohibits religion; and (3) not foster excessive government entanglement with religion.

Laws that provide aid to church related schools must (1) have a secular legislative purpose (2) have a primary effect that neither advances or prohibits religion (3) Not foster an excessive gov. “entanglement” with relig.

The 1962 Supreme Court decision holding that state officials violated the First Amendment when they required that a prayer be recited by public schoolchildren.

Government actions that prevent material from being published. As confirmed in Near V. Minnesota, this is usually prohibited by the First Amendment.

A 1919 Supreme Court decision upholding the conviction of a socialist who had urged resistance to the draft during World War 1. Justice Holmes declared that the government can limit speech if the speech provokes a “clear and present danger” of substantive evils.

The publication of false and malicious statements that may damage someone’s reputation.

Spoken defamation.

A 1964 Supreme Court decision establishing that, to win damage suits for libel, public figures must prove that the defamatory statements about them were made with “actual malice” and reckless disregard for the truth.

Nonverbal communications, such as burning a flag or wearing an armband. The Supreme Court has accorded some of this protection under the First Amendment.

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.

A 1978 Supreme Court decision upholding that a search warrant could be applied to a newspaper without necessarily violating First Amendment rights to freedom of the press.

Communication in the form of advertising, which can be restricted more than many.

The Federal Communication Commission (FCC) regulates the content, nature, and very existence of radio and TV broadcasting. Radio and TV stations need licenses. A licenses station must comply with regs., including a requirement to devote a certain % of broadcast time to pub. service, children’s programming, polit. candis., or views other than those its owners sup. Rules more relaxed for cable channels, which can specialize in a particular type of broadcasting because customers pay for, and thus have more choice about the service. Licensing for newspapers would violate the 1st Amend. One FCC rule regulating the content of programs restricts the use of obscene words. Sup. Court has held that gov. has a legit right to reg. sexually oriented programming on Cable TV but that any reg. designed to do so must be narrowly tailored to serve a compelling gov. interest in the least restrictive way.

Right to gather together in order to make a statement. This can conflict with other societal values when it disrupts pub. order, traffic flow, peace and quiet, or bystanders’ freedom to go about their business without interference. Within reasonable limits, called time, place, and manner restrictions, this includes the right to parade, picket, and protest. Whatever a group’s cause, it has a right to demonstrate. Usually, a group must apply to the local city gov. for a permit and post a bond of a few hundred dollars as a security deposit. The gov. body must grant a permit as long as the group pledges to hold its demonstration at a time and place that allows police to prevent maj. disruptions. No limits on message. Protests that verge on harassment test balance betw. freedom and order.

2nd facet of freedom of assembly is right to associate with people who share a common interest, including polit. change

In this 2010 case, the Sup. Court extended the 2nd Amend’s. limits on restricting an indi’s. right to bear arms to state and local gun control laws.

Reasonable grounds for believing that a person is guilty of a crime. In order to make a lawful arrest, the police must have this.

Obtaining evidence in an unlawful manner, a practice prohibited by the Fourth Amendment. The police must have probable cause and/or a search warrant in order to make a legal and proper search for and seizure of incriminating evidence and seize such evidence.

A written authorization from a court specifying the area to be searched and what the police may search for.

The rule that evidence can be introduced into a trial if it was not obtained in a constitutional manner. The rule prohibits use of evidence obtained through unreasonable search and seizure.

The 1961 Supreme Court decision ruling that the Fourth Amendment’s protection against unreasonable searches and seizures must be extended to the states.

A constitutional amendment designed to protect the rights of person accused of crimes. It provides protections against double jeopardy, self incrimination, and punishment without due process of law.

Being a witness against oneself. The Fifth Amendment forbids involuntary of this.

Passed 6 weeks after 9/11, this act gave the gov. broad new pows. to engage in wiretapping and surveillance when investigating terrorism suspects. This gave the fed. gov. the pow. to examine a terrorist suspect’s records held by 3rd parties, such as doctors, libraries, bookstores, unis., and Internet service providers. It also allowed the gov. to search private property without probable cause and without notifying the owner until after the search had been executed, limiting the owner’s opportunities to challenge the search. Cong. reauthorized the law in 2006 with few changes.

The 1966 Supreme Court decision that set guidelines for police questioning of accused person to protect them against self-incrimination and to protect their right to counsel.

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.

The 1963 Supreme Court decision holding that anyone accused of a felony where imprisonment may be imposed has a right to a lawyer. The decision requires to government to provide a lawyer to anyone so accused who is too poor to afford one.

The Constitution’s protection against the suspension of this Sixth Amend. guarantees that anyone who is arrested has a right to be brought before a judge. Those detained have right to know accusations against them and a speedy and public trial with an impartial jury.

A bargain struck between a defendant’s lawyer and a 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 crime or for additional crimes.

The constitutional amendment that forbids cruel and unusual punishment.

Court sentences prohibited by the Eighth Amendment.