AP Government Chapter 4 Flashcards

Civil Liberties and Constitutional Amendments

• Civil liberties protect individuals from government overreach, formally outlined in the Constitution but interpreted by courts and legislators.
• The Bill of Rights consists of the first ten amendments to the U.S. Constitution, safeguarding fundamental rights like freedom of religion, speech, and press.
• The First Amendment guarantees four essential freedoms: press, speech, religion, and assembly.
• Barron v. Baltimore (1833) established that the Bill of Rights only applies to the national government, not states or municipalities.
• Gitlow v. New York (1925) ruled that free speech and press are fundamental rights under the Fourteenth Amendment, applicable to states.

Fourteenth Amendment and Incorporation Doctrine

• The Fourteenth Amendment prohibits states from infringing on citizens' rights to life, liberty, or property without due process and ensures equal protection under the law.
• The incorporation doctrine allows the Supreme Court to apply the Bill of Rights to the states through the Fourteenth Amendment.

Religious Freedom Clauses

• The establishment clause (First Amendment) prohibits Congress from establishing a religion.
• The free exercise clause prevents the government from interfering with religious practices.
• Lemon v. Kurtzman (1971) outlines conditions for aid to church-related schools: secular intent, non-advancement or inhibition of religion, and non-excessive entanglement.

Freedom of Expression and Press

• Engel v. Vitale (1962) struck down state-written prayers in schools as a violation of the First Amendment.
• School District of Abington Township v. Schempp (1963) deemed mandatory Bible readings in public schools unconstitutional.
• Prior restraint refers to government actions preventing material publication, generally unconstitutional in the U.S., as affirmed in Near v. Minnesota (1931).

Legal Standards for Speech

• Schenck v. United States (1919) determined that speech can be limited if it poses a "clear and present danger."
• Roth v. United States (1957) ruled that obscenity is not protected by the First Amendment.
• Miller v. California (1973) set community standards to judge obscenity based on prurient interest and offensiveness.

Defamation and Symbolic Speech

• Libel involves publishing false statements that damage reputations.
• New York Times v. Sullivan (1964) established that public figures must prove "actual malice" to win libel cases.
• Texas v. Johnson (1989) protected flag burning as symbolic speech under the First Amendment.

Commercial Speech and Media Rights

• Commercial speech, often restricted, has gained protection from the Supreme Court over time.
• Miami Herald Publishing v. Tornillo (1974) highlighted the limited government power to control print media.
• Red Lion Broadcasting v. FCC (1969) upheld stricter rules for broadcasting media due to limited frequencies.

Rights to Assemble and Search Protections

• NAACP v. Alabama (1958) affirmed the right to assemble peacefully, protecting membership lists from disclosure.
• Probable cause is needed for lawful arrests and searches, prohibiting unreasonable searches and seizures as per the Fourth Amendment.
• Exclusionary rule prohibits unconstitutionally obtained evidence from trial, as established in Mapp v. Ohio (1961).

Rights of the Accused

• The Fifth Amendment safeguards against double jeopardy and self-incrimination.
• Miranda v. Arizona (1966) requires police to inform suspects of their rights during questioning.
• The Sixth Amendment guarantees rights to counsel, confront witnesses, and a speedy trial, as reinforced in Gideon v. Wainwright (1963).

Punishments and the Right to Privacy

• Eighth Amendment prohibits cruel and unusual punishment, applicable to states via the Fourteenth Amendment.
• Gregg v. Georgia (1976) upheld the death penalty as constitutional.
• Roe v. Wade (1973) defined a woman's right to choose abortion, establishing differing state control based on pregnancy trimesters.
• Planned Parenthood v. Casey (1992) modified standards for abortion restrictions to the "undue burden" test, allowing for more state regulation.