AP Gov - Civil Liberties and Rights Flashcards

Terms Definitions
civil rights
protections against discrimination
hate speech
Prejudicial and hostile speech/symbolic speech toward another person's innate characteristics such as race and ethnicity
Civil Liberties
The legal constitutional protections against government.
Commercial Speech
Advertisements and commercials for products and services; they receive less First Amendment protection, primarily to discourage false and misleading ads.
george ryan
Illinois governor; suspended his state's death penalty
strict scrutiny
supreme court guideline for determining if the government can make racial distinctions
Incorporation
State and local governments must require due process off law

(Incorporation doctrine)
Probable Cause
The situation occurring when the police have reason to believe that a person should be arrested. In making the arrest, police are allowed legally to search for and seize incriminating evidence.
Commerce Clause
The clause in the Constitution (Article I, Section 8, Clause 3) that gives Congress the power to regulate all business activities that cross state lines or affect more than one state or other nations.
Endorsement Test
Forbids governmental practices that a reasonable observer would view as endorsing religion; championed by Sandra Day O'Connor
wartime
when the Court is the most iffy/hesitant on free speech
web dubois
with niagara movement which wanted smart blacks for its reform; wanted immediate equality via agitation
frederick douglass
escaped slave that advocated political end to slavery; created the North Star
reed v reed
1971; gender discrimination violates the equal protection clause of the Constitution
exclusionary rule
supreme court guideline that excludes illegally obtained evidence from being used in a criminal trial
racial gerrymandering
drawing of legislative boundaries to give electoral advantages to a particular racial group
Miranda vs. Arizona
set guidelines for police questioning of accused persons to protect them against self-incrimination and to protect their right to counsel.
Incorporation doctrine
The 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 14th Amendment.
Federal Communications Commission (FCC)
An independent regulatory commission that licenses and regulates broadcasting stations; it may regulate content considered to be indecent.
De Facto Segregation
Segregation resulting from economic of social conditions or personal choice.
gideon v wainwright
1963; ordered states to provide lawyers for those unable to afford them; 6th and 14th amends; Warren Court judicial activism
bloody sunday
march from Selma to Montgomery; first try was beaten back by police but second was successful
libel and slander
2 major 'areas' of unprotected speech/publication
5th amend
right to grand jury, indictment, no double jeopardy, freedom from self-incrimination, due process of law
sweatt v painter
1950; separate but equal formula generally unacceptable in professional schools
6th amend
right to a fair, speedy, public trial
grand jury
determines whether or not to bring criminal charges against a suspect
Brandeirs brief
Pioneering legal brief; first to rely on factual data, not pure legal theory

Used successfully in Brown v. Board of Education: proved the harmful psychological effects of segregated schools
Comparable worth
The issue raised when women who hold traditionally female jobs are paid less than men working at jobs requiring comparable skill.
Selective Incorporation
The 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 governments.
planned parenthood v casey
1992; established the "undue burden test" instead of the trimester system; regulated abortion by saying that it's denied as long as the pregnancy puts "no undue burden" on the mother
lawrence v texas
2003; overturned Bowers v. Hardwick; a law stating that homosexual relations were sodomy is unconstitutional - may not ban sexual relations between same-sex partners
civil rights cases
1883 decisions that didn't apply the civil rights act of 1875 to businesses; discrimination in business ok
Westside communications board v mergens
1990; upheld equal access act
national firearms act of 1934
passed so congress could restrict/control guns
de jure segregation
separation by law (required by the government)
Substantive due process
Judicial interpretation of 5th and 4th amendments: due process law protects citizens from undue/unjust laws
Cruel and Unusual Punishment
Court sentences prohibited by the 8th Amendment.
Clear and Present Danger Test
Interpretation of the First Amendment that holds that the government cannot interfere with speech unless the speech presents a clear and present danger that it will lead to evil or illegal acts.
ex parte mccardle
1869; man jailed without a trial for speaking out against war efforts
batson v kentucky
1986; members of a jury cannot be chosen/excluded solely based on race or sex
clear and present danger doctrine
judicial interpretation of amendment 1 that government may not ban speech unless such speech poses an imminent threat to society
Heightened Scrutiny Test
This test hs been applied when a law classifies based on sex; to be upheld, the law must meet an important government interest.
griswold v conneticut
1965; denied the ban on the sale of contraceptives under the right to plan a family (marital privacy)
Time, Place, and Manner Regulations
The right of the court to regulate certain details of assembly out of public interest/a test for public assemblies; time- how long, what time; place- may limit assembly to certain streets; manner- what assembly is doing
RAV v City of St. Paul
protected hate speech as man burned a cross on a african american's lawn
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