AP Government Chapter 4 Flashcards

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Questions and Answers

What are civil liberties?

Responsibilities of citizens

Legal protections against government (correct)

Laws that protect public safety

Unalienable rights granted by a monarch

What does the Bill of Rights consist of?

The first ten amendments to the U.S. Constitution.

What does the First Amendment guarantee?

Freedom of religion, speech, press, and assembly.

What was the significance of Barron v. Baltimore?

It held that the Bill of Rights only restrained the national government. Signup and view all the answers

What was the main outcome of Gitlow v. New York?

It held that freedoms of press and speech are protected by the due process clause of the Fourteenth Amendment. Signup and view all the answers

What does the Fourteenth Amendment state?

No state shall abridge the privileges or immunities of citizens. Signup and view all the answers

What is the incorporation doctrine?

The concept that the Bill of Rights is applicable to the states through the Fourteenth Amendment. Signup and view all the answers

What is the establishment clause?

A clause in the First Amendment stating that Congress shall make no law respecting the establishment of religion. Signup and view all the answers

What does the free exercise clause do?

Prohibits government from interfering with religious practice. Signup and view all the answers

What was established by Lemon v. Kurtzman?

Aid to church-related schools must have a secular purpose, not advance or inhibit religion, and avoid excessive government entanglement. Signup and view all the answers

What was the ruling in Zelman v. Simmons-Harris?

It upheld a state program providing families with vouchers for tuition at religious schools. Signup and view all the answers

What did Engel v. Vitale establish?

State officials violated the First Amendment by composing a prayer for New York's schoolchildren to recite. Signup and view all the answers

What was determined in School District of Abington Township, Pennsylvania v. Schempp?

A Pennsylvania law requiring Bible reading in schools violated the establishment clause. Signup and view all the answers

What is prior restraint?

A government action preventing material from being published. Signup and view all the answers

What was the outcome of Near v. Minnesota?

It held that the First Amendment protects newspapers from prior restraint. Signup and view all the answers

What is the significance of Schenck v. United States?

It upheld the conviction of a socialist for urging draft resistance, stating that speech provoking a clear and present danger can be limited. Signup and view all the answers

What was ruled in Zurcher v. Stanford Daily?

A proper search warrant could apply to a newspaper without violating First Amendment rights. Signup and view all the answers

What did Roth v. United States establish?

Obscenity is not constitutionally protected speech or press. Signup and view all the answers

What did Miller v. California hold regarding obscenity?

Community standards should determine if material is obscene. Signup and view all the answers

What is libel?

The publication of false or malicious statements damaging someone's reputation. Signup and view all the answers

What did New York Times v. Sullivan establish?

Public officials must prove 'actual malice' to win libel suits. Signup and view all the answers

What was the ruling in Texas v. Johnson?

Struck down a law banning the burning of the American flag as it is symbolic speech protected by the First Amendment. Signup and view all the answers

What is symbolic speech?

Nonverbal communication like burning a flag. Signup and view all the answers

What is commercial speech?

Communication in the form of advertising. Signup and view all the answers

What did Miami Herald Publishing Company v. Tornillo rule?

A state could not force a newspaper to print replies from criticized candidates. Signup and view all the answers

What was determined in Red Lion Broadcasting Company v. Federal Communications Commission?

Upheld restrictions on radio and television broadcasting due to limited frequencies. Signup and view all the answers

What did NAACP v. Alabama protect?

The right to assemble peaceably without revealing membership lists. Signup and view all the answers

What is probable cause?

Reasonable grounds for making an arrest or conducting a search. Signup and view all the answers

What does the Fourth Amendment prohibit?

Unreasonable searches and seizures. Signup and view all the answers

What is a search warrant?

A written authorization from a court specifying what will be searched. Signup and view all the answers

What is the exclusionary rule?

Evidence obtained unconstitutionally cannot be used in trial. Signup and view all the answers

What case extended Fourth Amendment protections to the states?

Mapp v. Ohio. Signup and view all the answers

What does the Fifth Amendment protect?

Rights of persons accused of crimes, including protection against self-incrimination. Signup and view all the answers

What does self-incrimination refer to?

Being compelled to witness against oneself in court. Signup and view all the answers

What did Miranda v. Arizona establish?

Guidelines for police questioning to protect against self-incrimination. Signup and view all the answers

What rights does the Sixth Amendment guarantee?

The rights to counsel, confront witnesses, and a speedy trial. Signup and view all the answers

What was established in Gideon v. Wainwright?

Everyone accused of a felony has the right to a lawyer. Signup and view all the answers

What is plea bargaining?

An agreement between a defendant and prosecutor regarding guilty pleas to lesser charges. Signup and view all the answers

What does the Eighth Amendment prohibit?

Cruel and unusual punishment. Signup and view all the answers

What was held in Gregg v. Georgia?

It upheld the constitutionality of the death penalty. Signup and view all the answers

What did McCleskey v. Kemp address?

Upholding the death penalty despite claims of racial discrimination in its application. Signup and view all the answers

What is the right to privacy?

The right to live a personal life free from government interference. Signup and view all the answers

What did Roe v. Wade establish?

A state ban on all abortions was unconstitutional. Signup and view all the answers

What did Planned Parenthood v. Casey determine?

Loosened standards to evaluate abortion restrictions to one of 'undue burden.' Signup and view all the answers

Study Notes

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.

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Test your knowledge of key terms in AP Government Chapter 4 with these flashcards. Explore essential concepts such as civil liberties and the Bill of Rights. Perfect for preparing for exams and enhancing your understanding of constitutional protections.