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Clear and Present Danger test

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A Supreme Court formula to legitimate the abridgement of the right of free speech.

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Communist control Act

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A 1954 act denying legal rights to the Communist Party.

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Conscientious objector

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One who refuses military service based upon religious belief or moral grounds.

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creationism

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A teaching on the origin of the world found to be religiously inspired.

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due process clause

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Protection against arbitrary deprivation of life, liberty, or property as guaranteed in the fifth and 14th amendment.

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establishment clause

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The First amendment clause prohibiting an official religion.

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exclusionary rule

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The prohibition against athe use of illegally obtained evidence in court.

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free exercise clause

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Thre first amendment clause guaranteeing religious freedom.

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freedom of expression

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Part of the First Amendment protecting the freedom of speech, press, assembly, and the right to petition.

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freedom of religion

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Part of the first amendment protecting the free exercise of religion and prohibiting an establishment of religion.

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good faith exception

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Admission of illegally obtained evidence if illegality results from a technical or minor error.

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Internal Security Act

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A 1950 act requiring the registration of all communists.

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Least means

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The use of only minimal means to restrict potentially dangerous expression.

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libel

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Harming one another by publishing defamatory statements.

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McCarthyism

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Originated during communist witch-hunt in the 1950s, unfair accusations that tarnish a person's reputation.

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Miranda

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A supreme Court case that led to rules that police officers must follow in warning arrested persons of their rights.

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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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prior restraint

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A government action to prevent rather than punish certain expressions.

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probable cause

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The legal basis for the issuance of a search warrant.

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Red Scare

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The government suppression of AMerican leftists after the 1917 Bolshevik Revolution in Russia.

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search warrant

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A written authorization to police officers to conduct a search.

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Sedition Act

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A Federalist bill of 1789 criminalizing criticism of the government.

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Smith Act (1940)

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A 1940 act criminalizing the advocacy of violent revolution.

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Symbolic speech

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An act that conveys a political message, such as burning a draft card to protest the draft.

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Wall of separation principle

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An interpretation of part of the First Amendment that prevents government involvement with religion.

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civil liberties

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Those protections enjoyed by all Americans form the abuse of government power.

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Barron v. Baltimore (1833)

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The Bill of Rights restricts the Federal but not the State governments.

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Gitlow v. New York (1925)

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State limits on speech and press could not exceed that set by the federal government. Begins selective incorporation.

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Selective incorporation

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Courts apply the bill of rights on a state by state basis. Gitlow v. New York

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Bad Tendency doctrine

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Gitlow v. New York- speech can be restricted if it leads to illegal action.

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Schenk v. U.S. (1919)

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Created the clear and present danger test. Language that presents a clear and present danger is not protected by the constitution. WWI case involving leaflets telling people not to support the draft.

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Dennis v. U.S. (1951)

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The federal government can limit speech even if it did not lead to action. Upholds the Smith Act against communist groups.

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TInker v. Des Moines (1969)

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Students were suspended for wearing black arm bands in school in protest of the Vietnam war. The court ruled that the type of protest was legal and that students don't lose their constitutional rights at the school door.

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Brandenbug v. Ohio (1969)

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A man was jailed for a KKK speech. The court ruled that he cannot be jailed unless his speech will lead to imminent lawless action.

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Bethel School v. Fraser (1986)

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Schools can suspend students for speech considered lewd or indecent.

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Texas v. Johnson (1989)

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Burning the flad is and example of permissible free speech.

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Chaplinsky v. New Hampshire (1942)

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Certain types of speech called "fighting words" could be prohibited.

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Virginia v. Black (2002)

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Cross burning amounts to fighting words and is thus unconstitutional.

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prior restraint

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Government's effort to prevent publication of information. The court ruled it unconstitutional ruling that public's need to be well informed outweighed the security issues.

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Shield Laws

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On the state level, reporters may be protected from revealing their sources but on the federal level they are not so may go to jail.

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Miller v. California (1973)

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Established a three part obscenity test because libel and obscenity are not protected free speech.

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Near v. Minnesota (1931)

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Incorporates freedom of the press and prevents prior restraint.

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New York Times v. Sullivan (1964)

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If a newspaper printed what it thought to be true at the time it is not guilty of libel.

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New York Times v. U.S. ( 1971)

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The pentagon papers case where the U.S. government tried to block publication. The court rule that it violated the first amendment.

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Hazelwood v. Kuhlmeier (1988)

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School officials can regulate free speech in student run newspapers.

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freedom of association

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Government may not restrict the number or type of groups or organizations people belong to provided those groups do not threaten national security.

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Dejonge v. Oregon (1937)

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Assembly incorporated. Peaceable assembly for lawful discussion cannot be made a crime.

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Thornhill v. Alabama (1940)

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Strikes by unions were not unlawful and do not constitute unlawful assembly.

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Cox v. New Hampshire (1941)

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Cities and towns can require permits for assemblies to maintain order.

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Lloyd Corporation v. Tanner (1972)

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Malls are private and not public spaces. Vietnam war protesters could be kicked out.

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Boy Scout of America v. Dale (2002)

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Boy scout of America were allowed to kick out homosexual member because they are a private organization.

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Lemon v. Kurtzman (1971)

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Helps decide whether the establishment clause is violated. A three part test.

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"Lemon" Test

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1) Does the law have a secular or religious purpose? 2) Does law neither promote nor prohibit religion. 3) Does the law avoid excessive entanglements of the govt. and religious institutions?

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Engel v. Vitale (1962)

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Prohibited state sponsore prayer in public schools.

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Abington v. Schempp (1963)

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Establishment clause forbids reading of the bible, or recitation of the Lord's prayer in public schools.

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Epperson v. Arkansas (1968)

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Prohibited states from banning the teaching of evolution.

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Wisconsin v. Yoder (1972)

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Amish children may remove children from public schools for religious reasons.

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Weeks v. U.S. (1914)

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Established the exclusionary rule which held that illegally obtained evidence may not be introduced in federal court.

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Olmstead v. U.S. (1928)

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Allowed unlimited phone tapping. Said it did not violate illegal search and seizure.

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Katz v. U.S. (1967)

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Wiretaps were made illegal without a warrant. Overturned Olmstead.

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Powell v. Alabama (1932)

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State government must provide counsel in those cases involving the death penalty.

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Betts v. Brady (1942)

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Overruled Powell saying that lawyers need not be provide lawyers to indigent defendents in capital cases.

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Gideon v. Wainwright (1963)

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Overruled Betts v. Brady saying that all state governments must provide counsel in all cases for those that cannot afford one.

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Mapp v. Ohio ( 1961)

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Extended the exclusionary rule to state cases as well.

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Escobedo v. Illinois (1964)

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Defendents that asked for a lawyer had to have one granted or any confession would be inadmissible in court.

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Oregon v. Elstad (1985)

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Confessions given before rights are read are admissible in court.

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Furman v. Georgia (1972)

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The Supreme Court ruled that death penalty punishments be stopped until a better way could be found for sentencing because they were often racist and arbitrary.

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Gregg v. Georgia (1976)

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Georgia convinced the court it had come up with a fair and careful system for trying capital offenses. This allowed resumption of the death penalty in the U.S.

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Atkins v. Virginia (2002)

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Forbid the execution of defendants who are mentally retarded.

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Implied right to privacy

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The court ruled that the 1st, 3rd, 4th, 5th, 9th and 14th amendments added up to a guarantee of privacy.

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Griswold v. Connecticut (1965)

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The court ruled that certain amendment cast "penumbras and emanation" that show that the founders really wanted the right to privacy. The case said that state laws banning contraception were unconstitutional.

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Roe v. Wade (1973)

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Right to privacy case that followed from the Griswold decision. Established guidelines for abortion.

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Webster v. Reproductive Health Services (1987)

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Gave states more power to regulate abortion.

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Planned Parenthood v. Casey (1992)

answer

Parental consent and 24 hour waiting periods were upheld in regard to abortion. States could not place an undue burden upon women with regulations.

Fraser AP Government Chapter 18 – Flashcards

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