AP gov chapter 5 vocab – Flashcards
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Civil Liberties
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protections against the abuse of government powers
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McCarthyism
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A campaign against alleged communists in the US government and other institutions carried out under Senator Joseph McCarthy
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Incorporation Doctrine
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The process by which the Federal Courts have applied some laws from the Bill of Rights and the Constitution to the states
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14th Amendment
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gave everyone the right to full citizenship and everything it entitles
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Equal Protection Clause
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It is part of the 14th amendment and says that no state can deny any citizen equal protection of the law
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Due Process Clause
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Says that government does not have the right to deprive people of life, liberty and property
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Selective Incorporation
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Court cases that apply the Bill of Rights to states
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Preferred Freedoms
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certain protections in the Bill of Rights, such as free speech and fee press, that are considered even more important than other freedoms
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Establishment Clause
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First amendment ban on laws that establish any kind of national religion
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Free Exercise Clause
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First amendment requirement that law cannot prevent free exercise of religion
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Wall of Separation Principle
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Court ruling that government cannot be involved with religion
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Lemon Test
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The three-part test for Establishment Clause cases that a law must pass before it is declared constitutional: it must have a secular purpose; it must neither advance nor inhibit religion; and it must not cause excessive entanglement with religion
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Equal Access Test
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To compel federally funded secondary schools to provide equal access to extra curricular activities
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Parochial Schools
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Religious private school
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School Vouchers
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movement dating to the 1950s to allow taxpayer dollars to be given to families to use at whatever public, private, or parochial schools they choose if their designated public schools are seen as unfit to educate students
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Clear and Present Danger Test
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test by which speech is judged to be legal or illegal. it is illegal if it causes clear and present danger of producing harmful actions
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Time, Place and Manner Restrictions
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Government regulations that place restrictions on free speech. These regulations, specifying when, where, and in what way speech is allowed, are applied when unrestricted free speech will conflict with the rights of others
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Symbolic Speech
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an act that conveys a political message
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Hate Crime
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a criminal act against a person or a person's property or a group of people by an offender motivated by racial or other bias
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Speech Codes
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any rule or regulation that limits, restricts, or bans speech beyond the strict legal limitations upon freedom of speech or press
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Prior Restraint
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censorship of a publication
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Libel
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writing that falsely injures another person
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Actual Malice
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a condition required to establish libel against public officials or public figures and is defined as "knowledge that the information was false"
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Obscenity
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defined in Miller v. California as arousing/unwholesome in nature with no artistic, scientific, literary or political value
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Community Standards
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The ability of communities to ban certain language, art, or actions based on what they deem obscene or appropriate for their citizens
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Prurient Interests
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Lustful thoughts or sexual desires. That which incites lascivious or lustful interest in sex
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Preferred Position
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the supposed superiority of rights of expression over other constitutional rights
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Imminent Danger
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a situation that poses the strong possibility of risk to people nearby
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Neutrality and Clarity
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Any restriction on speech must not favor one group over another.
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Least-Restrictive Means
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If it is necessary to restrict the exercise of one right to protect the exercise of another, the restriction should employ the least restrictive means to achieve its end
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Slander
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words falsely spoken that damage the reputation of another
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Commercial Speech
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Advertisements and commercials for products and services; they receive less First Amendment protection, primarily to discourage false and misleading ads
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Right to Assemble
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The right or legal claim provided for in the First Amendment that allows people to meet to discuss and express their beliefs, ideas, or feelings, especially in a political context
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Right to Associate
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The freedom to meet with others for political or any other lawful purposes
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Search Warrant
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a document authorizing law enforcement officials to search for objects or people involved in the commission of a crime and to produce them in court
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Indictment
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formal words spoken or written by a jury that charge a person with a crime
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Grand Jury
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a jury to inquire in accusations of crime and to evaluate the grounds for indictments
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Substantive Due Process
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Constitutional requirement that governments act reasonably and that the substance of the laws themselves be fair and reasonable, limits what the government may do
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Procedural Due Process
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how a law is applied, government must proceed by certain methods; limits how government may exercise power, laws may violate this if they are too vague; limits mostly the judicial and executive branch
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Probable Cause
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evidence sufficient to warrant an arrest or search and seizure
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Exclusionary Rule
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a rule that provides that otherwise admissible evidence cannot be used in a criminal trial if it was the result of illegal police conduct
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Good Faith Exception
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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 "accidentally", that is, if all the parties involved had reason at the time to believe that the warrant was proper
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Miranda Rights
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Rights possessed by persons who are arrested by the police. (Remain silent, Attorney, etc.)
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Capital Punishment
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putting a condemned person to death
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Self-Incrimination
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the situation occurring when an individual accused of a crime is compelled to be a witness against himself or herself in court. it is forbidden by the fifth amendment
