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AP Gov Ch. 14 Flashcards

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9503141292clear and present danger testA test established that defines the point at which speech loses the protection of the First Amendment.0
9503141293due process14th amendment clause stating that no state may deprive a person of life, liberty, or property without due process of law1
9503141294establishment clausethe First Amendment guarantees that the government will not create and support an official state church2
9503141295exclusionary rulea rule that provides that otherwise admissible evidence cannot be used in a criminal trial if it was the result of illegal police conduct3
9503141296Fifth AmendmentRights in Criminal Cases (Self-incrimination, Double Jeopardy, Due Process, Just Compensation for Eminent Domain) *grants due process in federal cases4
9503141297free exercise clausethe First Amendment guarantee that citizens may freely engage in the religious activities of their choice5
9503141298libela tort consisting of false and malicious publication printed for the purpose of defaming a living person6
9503141299obscene speechQuality or state of a work that taken as a whole appeals to a prurient interest in sex by depicting sexual conduct in a patently offensive way and that lacks serious literary, artistic, political, or scientific value.7
9503141300prior 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. Minnesota.8
9503141301procedural due processConstitutional requirement that governments proceed by proper methods; limits how government may exercise power.9
9503141302right to privacyright to be free of unsanctioned intrusion10
9503141303search and seizureobtaining evidence in a haphazard or random manner, a practice prohibited by the 4th amendment; probable cause and a search warrant are required for this to be legal11
9503141304selective incorporationThe process by which provisions of the Bill of Rights are brought within the scope of the Fourteenth Amendment and so applied to state and local governments12
9503141305substantive due processConstitutional requirement that governments act reasonably and that the substance of the laws themselves be fair and reasonable; limits what a government may do.13
9503141306symbolic speechnonverbal communication, such as burning a flag or wearing an armband. The Supreme Court has accorded some symbolic speech protection under the first amendment.14
9503141307wall of separationAn interpretation of the establishment clause embraced by the Supreme Court that allows no government involvement with religion, even on a non preferential basis.15
9503141308Barron v. Baltimore (1833)Supreme Court decision that determined that the states are not bound to follow the Bill of Rights16
9503141309Bethel Schools v. Fraser (1986)Supreme Court decision that determined that schools can justifiably punish students for using inappropriate language during school functions and not be in violation of their 1st Amendment rights17
9503141310Engle v. Vitale (1962)Government-sponsored prayer in public schools is a violation of the 1st Amendment's Establishment Clause even if the prayer does not favor a particular religion and students are allowed to remain silent during its reading18
9503141311Gideon v. Wainwright (1963)Applies the 6th Amendment right to counsel to state courts via the due process clause of the 14th Amendment19
9503141312Griswold v. Connecticut (1965)A Connecticut law banning birth control was deemed unconstitutional. While not explicitly stated in the Constitution, the Court determined that privacy was implied in the Constitution via other constitutional protections such as the 5th Amendment protections against self-incrimination20
9503141313Lemon v. Kurtzman (1971)Established the 3 part Lemon test for the Establishment clause which states the law...(1) Must have a legitimate secular purpose...(2)...Must not have the primary effect of either advancing or inhibiting religion...(3)...Must not result in an excessive entanglement of government and religion21
9503141314Mapp v. Ohio (1961)Incorporates the "exclusionary rule" provision of the 4th Amendment via use of the 14th Amendment's Due Process Clause22
9503141315Miller v. California (1973)Supreme Court decision that denied a 1st Amendment Freedom of Speech obscenity conviction on the grounds that speech can be banned if it is considered to lack serious literary, artistic, political, or scientific value....("SLAPS test")23
9503141316Miranda v. Arizona (1966)Supreme Court decision that declared detained suspects must be read a series of rights (such as the right to remain silent) prior to being questioned by police24
9503141317New Jersey v. TLO (1985)Supreme Court decision that declared while searches by school administrators are protected under the 4th Amendment, searches conducted while acting on "reasonable suspicion" as opposed to "probable cause" are permissible25
9503141318Roe v. Wade (1973)Supreme Court decision that protects a woman's decision to abort a pregnancy through the right to privacy implied via the 14th Amendment Due Process Clause. A balancing test was created in that a state's compelling interest to ban an abortion becomes stronger as a woman's pregnancy continues.26
9503141319Schenck v. United States (1919)Encouraging people not to register for the WWI military draft is not protected speech under the 1st Amendment because it creates a "clear and present danger" to the recruitment of U.S. forces during war. Thus, the "clear and present danger" precedent was established.27
9503141320Tinker v. Des Moines Independent Schools (1969)The 1st Amendment protection of freedom of speech (in this case symbolic speech) is applied to schools via the 14th Amendment. In this case a school could not ban a student wearing a black armband to school to protest the Vietnam War, since it was not considered a substantial distraction to the learning environment.28
950318893714th Amendmentdefining national citizenship and forbidding the states to restrict the basic rights of citizens or other persons.29

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