AP U.S. Government Unit 2 – Flashcards

interpretation by justice Oliver Wendell Holmes regarding limits on free speech if it presents clear and present danger to the public or leads to illegal actions; for example, one cannot shout "Fire!" in a crowded theater.

clause contained in the Fifth and Fourteenth Amendments. Over the years, it has been construed to guarantee to individuals a variety of rights ranging from economic liberty to criminal procedural rights to protection from arbitrary governmental action

clause in the First Amendment that states that Congress shall make no law respecting an establishment of religion. The Supreme Court has interpreted this to forbid governmental support to any or all religions.

the judicial rule that states that evidence obtained in an illegal search and seizure cannot be used in trial

clause in the First Amendment that states that Congress shall make no law prohibiting the free exercise of religion.

an exception to the Supreme Court exclusionary rule, holding that evidence seized on the basis of a mistakenly issued search warrant can be introduced at trial if the mistake was made in good faith, that is, if all the parties involved had reason at the time to believe that the warrant was proper.

acts of violence toward a group because of race, ethnicity, religion or sexual orientation

written untruths that are harmful to someone's reputation

the requirement that police officers inform suspects subjected to custodial interrogation that they have a constitutional right to remain silent, that their statements can later be used against them in court, that they can have an attorney present to help them, and that the state will pay for an attorney if they cannot afford to hire one

Miller v California; quality 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

reasonable cause for issuing a search warrant or making an arrest; more than mere suspicion.

is a legal term applied in the context of defamation actions (libel and slander) as well as invasion of privacy. a ____________ cannot base a lawsuit on incorrect harmful statements unless there is proof that the writer or publisher acted with malice.

a court order allowing law enforcement officers to search a suspect's home or business and take specific items as evidence

the process by which protections in the Bill of Rights, using the Fourteenth Amendment; due process clause, were gradually applied to the states, piece by piece.

nonverbal communication, such as burning a flag or wearing an armband. The Supreme Court has accorded some symbolic speech protection under the first amendment.

policies designed to protect people against arbitrary or discriminatory treatment by government officials or individuals

a policy designed to redress past discrimination against women and minority groups through measures to improve their economic and educational opportunities

the constitutional amendment adopted after the Civil War that states, "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."

an action designed to help members of disadvantaged groups, especially minorities and women, catch up, usually by giving them extra education, training, or services

racial segregation that occurs because of past social and economic conditions and residential racial patterns.

racial segregation that occurs because of laws or administrative decisions by public agencies.

Fourteenth amendment clause that prohibits states from denying equal protection under the law, and has been used to combat discrimination

the principle that government should concern itself not just with equality of opportunity, but with whether men and women of different races and ethnic groups have equal educational and economic success.

giving minorities and women preference in hiring, promotions, college admissions, and contracts

the assertion that affirmative action programs that require preferential treatment for minorities discriminate against those who have no minority status.

the doctrine established in Plessy v. Ferguson (1896) that African Americans could constitutionally be kept in separate but equal facilities.

Supreme Court rule that classification by race and ethnic background is inherently suspect and must be justified by a "compelling public interest"

working and middle-class white people move away from racial-minority suburbs or inner-city neighborhoods to white suburbs and exurbs

the practice of keeping blacks from voting in the southern states' primaries through arbitrary use of registration requirements and intimidation

false charges and malicious oral statements about someone