AP Gov: UNIT 3

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Mapp v. Ohio

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78 Terms

1

Mapp v. Ohio

Evidence obtained by an illegal search & seizure is inadmissible in court

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2

Libel

Written defamation

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3

Abington School District v. Schempp

Prayer in classrooms determined to violate 1st Amend

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4

Affirmative Action

Policy in education admissions or job hiring that gives attention to disadvantaged groups to overcome past discrimination

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5

Argersinger v. Hamlin

No person imprisoned for any offense (petty, misdemeanor, felony) unless represented by counsel at trial

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6

Bad Tendency

Test which permits restriction of speech by gov if believed that a form of speech has reason to cause illegal activity

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7

Bethel School District v. Fraser

School officials decide what manner speech is appropriate for school sponsored activity

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8

Bill of Rights

First 10 Amends

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9

Brown v. Board of Edu

Segregation violates “Equal Protection” Clause of the 14th Amend

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10

Clear & Present Danger

Gov. can interfere w/ speech if it will lead to evil or illegal acts

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11

Censorship

Restricting access to ideas and information

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12

Civil Liberties

Constitutionally guarantees freedoms that protects citizens, opinions, and property against arbitrary gov interference

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13

Defamatory Speech

False speech outside 1st Amend protection that damage a person’s character or reputation (unprotected by Constitution)

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14

Discrimination

Unequal treatment of equals

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15

District of Columbia v. Heller

Individuals have right to own and possess firearms

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16

Civil Rights

Individuals rights as a citizen to participate free from discrimination or persecution

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17

Due Process Clause

14th Amend clause- no state may deprive a person of life, liberty, or property w/o due process of law

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18

8th Amend

No cruel or unusual punishment

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19

Eminent Domain

Power of gov to take private property for public use

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20

Engel v. Vitale

Banned formal prayer in schools, gov wouldn’t make any religion the ‘official’ religion

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21

Equal Protection Clause

14th Amend clause- prohibits states from denying equal protection under the law

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22

Escobedo v. Illinois

Ruled that right of lawyer exists at time of questioning

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23

Espionage Act

Gave gov new ways to combat spying

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24

Establishment Clause

1st Amend ban on laws “respecting an establishment of religion”

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25

Exclusionary Rule

Prevents evidence obtained by illegal search from being used against the accused

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26

5th Amend

Right to remain silent/double jeopardy, right to due process

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27

Fighting Words

Speech intended to incite violence

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28

1st Amend

Freedom of Speech

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29

4th Amend

Protection against unreasonable searches and seizures

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30

14th Amend

All people born in US are citizens and guaranteed equal protection of the law

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31

Free-Exercise Clause

1st Amend requirement that law can’t prevent free excercise of religion

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32

Gideon v. Wainwright

Ruled guarantee the right to counsel allows poor defendants access to state-paid attorneys

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33

Gitlow v. NY

Speech restricted if possessed a “bad tendency” or a sole tendency to incite or cause illegal activity

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34

Griswold v. Connecticut

Prohibiting contraceptives use or have advice on their use by a 3rd party invades privacy and is unconstitutional

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35

Hate Speech

Form of profanity meant to degrade, intimidate, or dehumanize groups of people

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36

Incorporated Rights

All aspects of the amend are applicable to states (1st, 2nd, 4th)

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37

Intermediate Scrutiny Test

Equal protection test used by SC that requires gov to prove that use of classifications (age, gender, race) is related to an important gov objective

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38

Kuhlmeier v. Hazelwood

Public officials control editorial content of school newspaper as an education tool

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39

Lemon Test

3-pronged rule used by courts to determine whether establishment clause is violated

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40

MLK Jr letter from Birmingham Jail

Any law that uplifts human personality is just.

Any law that degrades human personality is unjust.

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41

Liberal Position on Affirmative Action

Believe gov should use affirmative action to help

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42

Conservative Position on Affirmative Action

Believe affirmative action doesn’t help combat disadvantaged groups overcome past discrimination

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43

Liberal Perspective on Gun Control

Want strict regulation

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44

Conservative on Gun Control

Want lenient regulation

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45

Libertarians on Security & Liberty

Believe gov only be involved when it comes to national security and maximizing political freedom

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46

Statists on Security & Liberty

Believe gov should have most control to protect nations security at cost of people’s liberty

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47

McDonald v. Chicago

Incorporated 2nd Amend right to bear arms to the states

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48

Morse v. Frederick

School officials can prohibit students from displaying messages that undermine the school’s mission

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49

NAACP v. Alabama

Organizations don’t have to give a list of members to the gov

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50

Near v. Minnesota

Gov can’t censor content before its publication regardless of how scandalous they might be

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51

New Jersey v. TLO

School officials may conduct warrantless searches of students w/ reasonable suspicions

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52

New York Times v. US

SC dealt w/ issue about state’s power to prohibit publication of official documents

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53

9th Amend

Citizens entitled to rights not listed in Constitution

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54

Plessy v. Ferguson

“Separate but equal” doctrine SC upheld the constitutionality of jim crow laws

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55

Post Restraint

Holding people accountable for published works

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56

Presser v. Illinois

States may forbid private armies

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57

Prior Restraint

Allowing gov to review content of printed materials and prevent their publication

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58

Probable Cause

Reasonable grounds for making a search, pressing a charge, etc.

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59

Rational Basis Test

Lowest-level standard by SC to determine whether a law is compatible w/ the Constitution

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60

Reasonable Suspicion

Evidence that justifies an officer in stopping and questioning an individual believed to be involved in criminal activity

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61

Right to Privacy

Protection from interference w/ private sphere of a person’s affair

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62

Roe v. Wade

Legalized Abortion

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63

Judiciary Branch & Minority Rights

Insulation or protection makes the judiciary branch the primary guardian of minority rights

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64

Legislative Branch on Civil Rights

Enacts laws to overcome local and state obstructions

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65

Civil Rights Act of 1964

Prohibited discrimination in employment and established the Equal Employment Opportunity Commission

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66

2nd Amend

Right to bear arms

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67

Seditious Speech

Speech directing an overthrow of gov

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68

Segregation

Separation of people based on racial, ethic, or other differences

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69

7th Amend

Right to a trial by jury in civil cases

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70

6th Amend

Right to a speedy trial by jury, representation by an attorney for an accused person

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71

Slander

Spoken falsehood

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72

Strict Scrutiny Test

Test applied by court when a classification is based on race; gov must show a compelling reason for the law and no other less restrictive way to meet the interest

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73

Symbolic Speech

Nonverbal communication protected by 1st Amend

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74

10th Amend

Power not given to fed. gov belong to people and states

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75

Tinker v. Des Moines

Students have right to symbolic speech at school as long as it isn’t disruptive

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76

US v. Miller

States can restrict type of weapons that wouldn’t be used by an person in a militia

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77

USA Patriot Act

Lowered probable cause threshold for obtaining intelligence warrants

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78

Wisconsin v. Yoder

Amish don’t have to attend school after 8th grade (right to freedom of religion)

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