Ap Gov Chapter 4

Front 1

actual malice

Back 1

in libel cases, either knowledge of a defamatory statement's falsity or reckless disregard for the truth

Front 2

civil liberties

Back 2

those personal freedoms that are protected for all individuals and that generally deal with individual freedom. typically involve restraining governments actions against individual.

Front 3

clear and present danger

Back 3

test determining when government may restrict free speech. only permissible when speech presents a clear and present danger to public order.

Front 4

establishment clause

Back 4

part of the 1st amendment prohibiting the establishment of a church officially supported by the national government. applied to questions of state/local government aid to religious organizations and schools.

ie prayer in school, evolution vs ID

Front 5

exclusionary rule

Back 5

a policy forbidding the admission at trial of illegally seized evidence

Front 6

free exercise clause

Back 6

provision of the 1st amendment guaranteeing the free exercise of religion

Front 7

incorporation theory

Back 7

the view that most of the protections of the bill of rights apply to state governments through the 14th amendment's due process clause.

Front 8

libel

Back 8

a written defamation of a person's character, reputation, business etc. to limited degree, 1st amendment protects the press from libel actions.

Front 9

prior restraint

Back 9

restraining an action before it has actually occurred. in relation to press=censorship

Front 10

public figures

Back 10

public officials, movie stars, or people who become known to the public because of their positions/activities

Front 11

slander

Back 11

the public uttering of a false statement that harms the good reputation of another. the statement must be made to, or within the hearing of, persons other than the defamed party.

Front 12

symbolic speech

Back 12

nonverbal expression of beliefs, which is given substantial protection by the courts

Front 13

writ of habeas corpus

Back 13

habeas corpus means literally "you have the body" a writ of habeas corpus is an order that requires jailers to bring a person before a court or judge and explain why the person is being held in prison.

Front 14

Gitlow v. New York

Back 14

US Supreme Court held that 14th amendment protected the freedom of speech guaranteed by 1st amendment to the constitution

Front 15

Lemon V. Kurtzman

Back 15

Court ruled that direct state aid could not be used to subsidize religious instruction.

aid had to be nonreligious and could not have the primary effect of advancing or inhibiting religion.

Front 16

Aguilar v. Felton

Back 16

Court ruled that state programs providing special ed services for disadvantaged students attending religious schools violated the establishment clause

Front 17

Engel v. Vitale

Back 17

prayer in school

court ruled action unconstitutional

Front 18

Wallace v. Jaffree

Back 18

Court struck down as unconstitutional the Alabama law authorizing one minute of silence for prayer in public schools because it was endorsement of religion

Front 19

Lee v. Weisman

Back 19

Court held that it was unconstitutional for a school to invite a rabbi to deliver a nonsectarian prayer at graduation

Front 20

Rosenberger v. University of Virgina

Back 20

issue: whether UVA violated establishment clause when it refused to fund a Christian group's newsletter but granted funds for more than 100 other student organizations

court ruled that university's policy unconstitutionally discriminated against religious speech

Front 21

Oregon v. Smith

Back 21

Court ruled that the state of oregon could deny unemployment benefits or two drug counselors who had been fired for using peyote in religious services

Front 22

RFRA

Back 22

religious freedom restoration act required government to accommodate religious conduct

Front 23

Boerne v. Flores

Back 23

Court agreed and held that congress had exceeded its constitutional authority when it passed RFRA

Front 24

New York Times v. United States

Back 24

NYT wanted to publish pentagon papers about vietnam involvement

court ruled in favor of new york times right to publish them

Front 25

Texas v. Johnson

Back 25

Court ruled that state laws prohibiting the burning of the American flag as part of peaceful protest violated freedom of expression protected by 1st amendment

Front 26

bad tendency rule

Back 26

speech or other 1st amendment freedoms may be curtailed if there is a possibility that such expression might lead to some evil

Front 27

Brandenburg v. Ohio

Back 27

Court overturned conviction of KKK leader for violating state statute.

Front 28

New York Times v. Sullivan

Back 28

Court held that only when a statement against a public official was made with actual malice -knowing falsity of it- could damages be obtained

Front 29

Gannett Co. v. De Pasquale

Back 29

Court held that if a judge found a reasonable probability that news publicly would harm a defendant's rights to a fair trial, the court could impose a gag rule.

Front 30

Griswald v. Connecticut

Back 30

Court overturned Connecticut law that prohibited the use of contraceptives, holding that the law violated the right to privacy.

Front 31

Roe v. Wade

Back 31

Court accepted argument that laws against abortion violated right to privacy.

during first trimester abortion is between a woman and her physician

Front 32

Cruzan v. Director, Missouri Dept of Health

Back 32

Court stated that a patient's life-sustaining treatment can be withdrawn at the request of a family member only if there is clear evidence that the patient did not want such treatment --living will

Front 33

Gideon v. Wainwright

Back 33

Court held that if a person is accused of a felony and cannot afford and attorney one must be made available to the accused person at the government's expense.

Front 34

Miranda v. Arizona

Back 34

Miranda arrested and accused of kidnapping and raping a young woman. after two hours of questioning, Miranda confessed and was later convicted. His lawyer appealed conviction arguing that police never informed Miranda he had the right to remain silent

Front 35

Furman v. Georgia

Back 35

Court agreed that the imposition of the death penalty was random and arbitrary.