AP Government Chapter 5 Vocab – Flashcards
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Civil Liberties
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individual rights guaranteed by the constitution and exemplified in the bill of rights
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Incorporation
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States are held to the same standard of the federal government (emphasized in 14th amendment)
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Procedural due process
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The right to a fair trial and impartial jury for example
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Substantive due process
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Meaning that a particular law or action may not impair an individuals basic rights or equality a compelling state interest can be demonstrated
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Establishment clause
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implies a "wall of separation" between church and state
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Lemon test
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3 part test: 1. Is the law of secular purpose? 2. Does it not advance or interfere with religion? 3. Does the law not result in "excessive entanglement" between church and state?
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Symbolic speech
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an illegal act cannot be justified under a freedom of speech umbrella
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Pure Speech
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Stating something verbally
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Venerated object laws
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burning of flag illegal
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Clear and present danger
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speech cannot lead to an immediate recognizable harm to people and/or property
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Obscenity
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appeal to prurient interests, depict sexual conduct in offensive manner and act literary or artistic manner
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Bad tendency rule
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leads to obvious evil or harm or threat there of
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Commercial speech
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protected as long as it is accurate and any regulations must serve "substantial public interests"
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Youth speech
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students do not "shed their rights at the gate of a school but limitations on speech are recognized when their actions may "impede the education mission"
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Gag orders
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court orders preventing press coverage of criminal cases
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shield laws
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grant reporters limited immunity from divulging confidential sources in non-federal cases
