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AP Government Chapter 4 Flashcards

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4754982487Civil LibertiesThe legal constitutional protections against government. Although our civil liberties are formally set down in the Bill of Rights, the courts, police, and legislatures define their meaning.0
4754982994Bill of RightsThe first 10 amendments to the U.S. Constitution, which define such basic liberties as freedom of religion, speech, and press and guarantee defendant's rights.1
47549829951st AmendmentThe constitutional amendment that establishes the four great liberties: freedom of the press, of speech, of religion, and of assembly.2
4754983518Barron v. BaltimoreThe 1833 Supreme Court decision holding that the Bill of Rights restrained only the national government, not the states and cities.3
4754984123Gitlow v. New YorkThe 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.4
475498581514th AmendmentThe 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 of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."5
4754986773Due Process ClausePart of the Fourteenth Amendment guaranteeing that persons cannot be deprived of life, liberty, or property by the United States or state governments without due process of law.6
4754986775Incorporation DoctrineThe 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.7
4754987302Establishment ClausePart of the First Amendment stating that "Congress shall make no law respecting an establishment of religion."8
4754987930Free Exercise ClauseA First Amendment provisions that prohibits government from interfering with the practice of religion.9
4754988600Lemon v. KurtzmanThe 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 inhibits religion; and (3) not foster excessive government entanglement with religion.10
4754989048Engele v. VitaleThe 1962 Supreme Court decision holding that state officials violated the First Amendment when they wrote a prayer to be recited by New York's schoolchildren11
4754989394Prior RestraintA government preventing material from being published. This is a common method of limiting the press in some nations, but it is usually unconstitutional in the United States, according to the First Amendment and as confirmed in the 1931 Supreme Court case of Near v. Minnesota12
4754990300Near v. MinnesotaThe 1931 Supreme court decision holding that protects newspapers from prior restraint.13
4754991035Schenk v. United StatesA 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.14
4754991036Roth v. United StatesA 1957 Supreme Court decision ruling that "obscenity is not within the area of constitutionally protected speech or press."15
4754991328Miller v. CaliforniaA 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.16
4754992362LibelThe publication of false or malicious statements that damage someone's reputation.17
4754992860New York Times v. SullivanDecided in 1964, this case established the guidelines for determining whether public officials and other public figures could win damage suits for libel. To do so, individuals must prove that the defamatory statements were made with "actual malice" and reckless disregard for the truth.18
4754993743Texas v. JohnsonA 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 Amendment19
4754994076Symbolic SpeechNonverbal communication, such as burning a flag or wearing an armband. The Supreme Court has accorded some symbolic speech protection under the First Amendment.20
4754994516Commercial SpeechCommunication 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.21
4754995214NAACP v. AlabamaThe 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.22
4755075630Probable CauseThe situation occurring when the police have reason to believe that person should be arrested. In making the arrest, police are allowed legally to search for and seize incriminating evidence.23
4755075631Unreasonable Search and SeizuresObtaining 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.24
4755076668Search WarrantA written authorization from a court specifying the area to be searched and what the police are searching for25
4755077816Exclusionary RuleThe rule that evidence cannot be introduced into a trial if it was not constitutionally obtained. The rule prohibits use of evidence obtained through unreasonable search and seizure.26
4755078717Mapp v. OhioThe 1961 Supreme Court decision ruling that the Fourth Amendment's protection against unreasonable searches and seizures must be extended to the states.27
47550787185th AmendmentA 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.28
4755078719Self IncriminationThe situation occurring when an individual accused of a crime is compelled to be a witness against himself or herself in court.29
4755079151Miranda v. ArizonaThe 1966 Supreme Court decision that sets guidelines for police questioning of accused persons to protect them against self-incrimination and to protect their right to counsel.30
47550791526th AmendmentA 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.31
4755079575Gideon v. WainrightThe 1963 Supreme Court decision holding that anyone accused of a felony where imprisonment may be imposed, however poor he or she might be, has a right to a lawyer.32
4755081785Plea BargainingA 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.33
47550824248th AmendmentThe constitutional amendment that forbids cruel and unusual punishment, although it does not define this phrase.34
4755083034Cruel and UnusualCourt sentences prohibited by the Eighth Amendment. Although the Supreme Court has ruled that mandatory death sentences for certain offenses are unconstitutional, it has not held that the death penalty itself constitutes cruel and unusual punishment.35
4755083035Gregg v. GeorgiaThe 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 punishment36
4755083576Right to PrivacyThe right to a private personal life free from the intrusion of government37
4755084583Roe v. WadeThe 1973 Supreme Court decision holding that a state ban on all abortions was unconstitutional. The decision forbade state control over abortions during the first trimester of pregnancy, permitted states to limit abortions to protect the mother's health in the second trimester, and permitted states to ban abortion during the third trimester38
4755084985Dejonge v. Oregonprotects the right to assemble by including parades39
4755084986Tinker v. Des Moinesprotects the right to assemble by including parades40
4755085326Reynolds v. United Statesdeclared that free exercise of religion does not include illegal activities like polygamy41
4755085327Oregon v. Smithdeclared that free exercise of religion does not include illegal drug use42
4755085565Griswold v. Connecticutupheld marital privacy43

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