Rippe: Ap Gopo Civil Liberties Vocab

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clear and present danger test

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Court criteria for legal limit to free speech

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due process clause

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phrase in Bill of Rights requiring legal govt procedure

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establishment clause

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1st Amendment restriction on official religion

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exclusionary rule

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criminal procedural rule disallowing illegally obtained evidence

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free exercise clause

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1st Amendment restricting govt limits on religious activities

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good-faith exception

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error in gathering evidence minor enough to allow use in trial

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hate crime

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crime motivated by prejudice against a social group

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libel

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writing that falsely injures another person

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Miranda warning

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Court ruling requiring that a suspect be informed of their rights

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obscenity

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publication or speech that is considered improper by community standards

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probable cause

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reasonable suspicion for a search or arrest

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public figure

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famous person subject to intense public scrutiny or attention

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search warrant

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judge’s order authorizing a search

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symbolic speech

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act that conveys a political message

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affirmative action

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programs to increase minority participation in some institution

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civil rights

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rights of people to be treated without unreasonable difference

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compensatory action

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reasonable payment for loss of property

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de facto segregation

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separation caused by social factors, like poverty

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de jure segregation

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separation caused by law

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equal protection clause

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standard of equal treatment by the govt

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equality of results

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making certain that people achieve the same result

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preferential treatment

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giving one person or group better treatment

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reverse discrimination

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using race or sex to give preferential treatment to some

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separate but equal

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established by Plessy v. Ferguson, constitutional segregation

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strict scrutiny

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Court test if a law denies equal protection if it does not serve compelling state interest

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Brown v. Board of Education

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Court case outlawing segregated schools

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Fourteenth Amendment

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Civil War Amendment limiting powers of the states

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Roe v. Wade

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Court case legalizing abortion

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Voting Rights Act of 1965

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federal law supporting registration and limiting voting restrictions

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Gitlow v. New York

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Court applied 1st Amendment to states through the 14th Amendment

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Mapp v. Ohio

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Court applied 4th Amendment to states through 14th Amendment

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Patriot Act

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enhances power of law enforcement to combat terrorist activities

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prior restraint

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power of the government to limit the press before publication

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selective incorporation

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Court's limited use of 14th Amendment to limit states

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slander

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speech that falsely injures another person

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Engel v. Vitale 1962

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Does reading a nondenominational prayer at school violate the establishment of religion clause of 1st Amendment? - Yes, traditional prayer type recesitations were eliminated - unconstitutional.

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Abington School District v. Schempp 1963

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Does the requirement of public school students to participate in religious exercises violate religious freedom of students (1st and 14th amendments) - Yes because these Bible readings were religious ceremonies

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Lemon v. Kurtzman 1971

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Does the state's financial support of Church-related education violate the 1st amendment's establishment clause? - Yes because statues must be secular, principal effects must neither advance nor prohibit religion and not entangle government with religion. Established the 3 part test.

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Schenck v. United States 1919

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Are Schenck's actions, words, or expressions to attempt to cause insubordination in the military by circulating fliers against the capitalist system protected by the free speech clause of the 1st amendment? - No. Concept of clear and present danger was formed because wartime statements that are tolerated during peacetime can be punished.

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Near v. Minnesota 1931

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Does the MN gag law violate the free press provision of the 1st amendment? - Yes, prior restraint is unconstitutional (injunction). Government cannot sensor publications in advance even if it can be punishable after publication.

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Buckley v. Valeo 1976

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Were the limits placed on electoral expenditures by the Federal Election Campaign Act of 1971 a violation of the 1st amendment freedom of speech and association clauses? - No, because they are guardians for true democracy. But candidates themselves have no restrictions because that would violate their free speech.

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Texas v. Johnson 1988

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Is the desecration of the American flag a form of speech protected under the 1st amendment? - Yes because it is expressive conduct with a distinctly political nature. Symbols have more than 1 meaning.

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Boy Scouts of America v. Dale

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Does NJ's public accommodations rule violate the Boy Scouts 1st amendment right of expressive isolation to bar homosexuals from serving as troop leaders? - Yes because homosexuality is inconsistent with the values of the Boy Scouts that they are trying to promote.

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De Jonge v. Oregon 1937

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Does OR criminal syndiationlism statute violate the due process clause of the 14th amendment? - Yes, because the rights of speech and peaceful assembly should be granted since the purpose of the meeting is protected. Incorporated the freedom of assembly to states.

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Gideon v. Wainwright 1964

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Is the state's failure to appoint a legal counsel for a person a violation of the rights to a fair trial and due process as protected by 6th and 14th amendments? - Yes, the guarantee of a counsel is a fundamental right and essential to a fair trial.

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Miranda v. Arizona 1966

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Does interrogation of people without notifying them of right to counsel and their protection against self incrimination violate the 5th amendment? - Yes, prosecutors cannot use statements from interrogation unless safeguards against self-incrimination are used. Suspects have the right to remain silent and right to have a legal counsel present at interrogations.

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Griswold v. Connecticut 1965

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Does the Constitution protect the right of marital privacy against state restrictions on counseling regarding contraceptives? - Not directly, but the right to privacy is established by the 1st, 3rd, 4th, and 9th amendments.

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Barron v. Baltimore 1833

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Does the 5th amendment deny states and federal government to take private property for public use without just compensation? - 5th amendment is not applicable to states. Whole Bill of Rights only applies to federal government.

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United States v. Nixon 1974

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Is the President's right to safeguard certain information using executive privilege entirely immune from judicial review? - Absolute presidential executive privilege cannot be granted because of separation of powers and general confidentiality.

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Plessy v. Ferguson 1896

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Is racial segregation unconstitutional because of infringement on privileges and immunities and equal protection of the 14th amendment? - No because the facilities for whites and blacks can be separate as long as they are equal. Segregation does not constitute unlawful segregation. "Separate but Equal"

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Regents of the University of California v. Bakke 1977

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Did U Cali violate 14th amendment equal protection clause because of affirmative action? - Tied. Race can be used as a criteria but other factors had to be involved. Racial quota system is questionable against Civil Rights Act of 1964.

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Mergens v. Westside

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Court ruled that religious clubs are allowed to meet at public schools, but may not interrupt the educational process

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Lee v. Weisman

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Court ruled that a religious invocation is not allowed at a public school promotion ceremony as it represents establishment of religion

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NAACP v. Alabama

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Court determined that a private organization is not required to submit names of members to state government

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Furman v. Georgia

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Court suspended the death penalty on the grounds that it was arbitrarily applied and potentially racist

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McDonald v. Chicago

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Incorporated the 2nd Amendment to apply to states. An individual's right to bear arms cannot be infringed upon by the states.

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Kelo v. New London

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Local government can use eminent domain to promote city development as a "public purpose"