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AP GO PO Unit 3
| Question | Answer |
|---|---|
| Civil Liberties | freedoms granted by the constitution to protect us from the government |
| Civil Rights | protections from discrimination as a member of a particular group |
| How can individuals and groups help protect civil liberties and rights? | legal challenges, social movements, acts of congress |
| Establishment Clause | government can't establish a national religion |
| Free Exercise Clause | government can't prevent someone from practicing their religion |
| Is the bible allowed in public school instruction? Explain. | You may teach it in a secular manner |
| What is a writ of habeas corpus? | A court order requiring authorities to prove that a prisoner was lawfully detained. |
| When can habeas corpus be suspended? | Only in cases of rebellion or invasion when public safety requires it. |
| What are ex post facto laws? | Laws that punish someone for an action that was legal when it was committed. |
| What does the Constitution say about ex post facto laws? | They are forbidden. |
| What is a bill of attainder? | A law that declares a person or group guilty of a crime and punishes them without a trial. |
| What does the Constitution say about bills of attainder? | They are forbidden. |
| Which amendments protect the rights of criminal defendants? | The 4th, 5th, 6th, and 8th Amendments. |
| Writ of Habeas Corpus | A legal order requiring the government to justify a person’s imprisonment. |
| Ex Post Facto Laws | Laws that retroactively make an action illegal. |
| Bill of Attainder | A law that punishes a person or group without a judicial trial. |
| What is symbolic speech? | Actions that express an idea or message without using words. |
| What are examples of symbolic speech? | Burning a flag, wearing armbands, draft-card burning. |
| What did Texas v. Johnson (1989) decide? | Burning the American flag is protected symbolic speech under the First Amendment. |
| What did U.S. v. O’Brien (1968) rule? | Burning draft cards can be restricted because the law regulated conduct, not speech itself. |
| What is “speech plus”? | Speech combined with action (speech + conduct). |
| What are examples of speech plus? | Protests, demonstrations, picketing, marches. |
| Can speech plus be regulated by the government? | Yes, through reasonable time, place, and manner restrictions. |
| What are time, place, and manner restrictions? | Government rules that regulate when, where, or how speech occurs without targeting content. |
| What is prior restraint? | Government action that prevents speech before it occurs. |
| Is prior restraint usually constitutional? | No, it is almost always unconstitutional. |
| What did Near v. Minnesota (1931) establish? | Prior restraint is unconstitutional, even for controversial or critical speech. |
| What is the clear and present danger test? | Speech may be restricted if it creates a serious, immediate threat to public safety. |
| What did Schenck v. U.S. (1919) rule? | Speech that creates a clear and present danger can be limited. |
| What is incitement? | Speech intended to provoke immediate illegal action. |
| What did Brandenburg v. Ohio (1969) establish? | Speech can only be restricted if it is intended and likely to cause imminent lawless action. |
| Is obscenity protected by the First Amendment? | No, obscene speech is not protected. |
| What is the Miller Test used for? | To determine whether material is legally obscene. |
| What is libel? | Written false statements that damage a person’s reputation. |
| What is slander? | Spoken false statements that damage a person’s reputation. |
| Are libel and slander protected by the First Amendment? | No, false statements that harm reputation are not protected. |
| What is commercial speech? | Speech that advertises products or services. |
| Is commercial speech protected? | Yes, but it can be regulated more than political speech. |
| Does the First Amendment apply to students in school? | Yes, but schools may limit speech that disrupts learning. |
| What did Tinker v. Des Moines (1969) decide? | Students do not lose First Amendment rights at school unless speech causes substantial disruption. |
| Schenck v. United States (1919) – historical context | Occurred during World War I, when the U.S. prosecuted thousands of dissenters |
| Who was Charles Schenck | A Socialist arrested in Philadelphia for handing out anti-draft leaflets |
| What law did Schenck violate | The Espionage Act of 1917 |
| What did Schenck do after his conviction | Appealed his case to the Supreme Court |
| Supreme Court decision in Schenck v. United States | Unanimous 9–0 decision upholding Schenck’s conviction as constitutional |
| Reason Schenck’s speech was not protected | It posed a clear and present danger to the United States |
| Example used by the Court to explain limits of free speech | Falsely shouting “fire” in a crowded theater and causing panic |
| Key precedent set by Schenck | Limits of speech depend on the circumstances in which it is expressed |
| How Schenck would be treated in peacetime | His ideas likely would have been protected by the First Amendment |
| Tinker v. Des Moines (1969) – historical context | Mid-1960s anti–Vietnam War protests across the United States |
| Who was John Tinker | A student who wore a black armband to school to protest the Vietnam War |
| School’s response to Tinker’s protest | He was suspended after refusing to remove the armband |
| Who helped bring the Tinker case to court | The ACLU |
| Central issue in Tinker v. Des Moines | Whether students have the same constitutional rights in school as outside school |
| Supreme Court decision in Tinker v. Des Moines | 7–2 decision in favor of the students |
| Outcome ordered by the Court in Tinker | School district had to expunge suspensions and pay court costs |
| Tinker ruling on student speech | Students in public schools are protected by the First Amendment |
| Limit on student free speech under Tinker | Speech must not violate specific constitutional regulations |
| Burden of proof in student speech cases | Falls on the school officials |
| What schools must show to limit student speech | Compelling evidence that a rule is necessary |
| Dissenting opinion in Tinker | Schools are not appropriate venues for anti-war protests |
| Key similarity between Schenck and Tinker | Both involve protest and First Amendment rights during wartime |
| Court consensus comparison between cases | Both decisions were made by strong majorities |
| Constitutional amendment involved in both cases | The First Amendment |
| How Schenck has been limited over time | Later cases narrowed the clear and present danger standard |
| Brandenburg v. Ohio (1969) refinement | Speech must involve a specific and direct threat, not just advocacy |
| Modern significance of Tinker | Protects student expression that does not disrupt school or violate others’ rights |
| Standard from Tinker for protected student speech | Speech must not disrupt educational purposes or infringe on others’ rights |
| What is a social movement? . | A large group of people organizing for political change. |
| What is civil disobedience? | The intentional violation of a law to call attention to its injustice |
| What did the Civil Rights Act of 1964 do? | Outlawed segregation in schools and public places and authorized the Attorney General to sue to desegregate schools. |
| What did the Voting Rights Act of 1965 do? | Eliminated literacy tests and allowed the Justice Department to send federal officers to register voters. |
| What was the purpose of literacy tests? | To prevent African Americans from registering to vote. |
| What is affirmative action? | A policy designed to address the consequences of previous discrimination by giving special consideration based on characteristics such as race or gender. |
| What is a quota system? | A system that reserves a specific number of spots for certain groups. |
| Why are quota systems controversial? | They may violate the Equal Protection Clause of the 14th Amendment. |
| What happened in Regents of the University of California v. Bakke (1978)? | Allan Bakke was denied admission to medical school and argued the quota system violated the Equal Protection Clause. |
| What was the result of Regents of the University of California v. Bakke (1978)? | The Supreme Court struck down strict racial quotas but allowed race to be considered in admissions |
| What happened in Gratz v. Bollinger (2003)? | The University of Michigan awarded points based on race and other factors. |
| What was the result of Gratz v. Bollinger (2003)? | The Supreme Court ruled the point system unconstitutional but did not strike down the use of race entirely in admissions decisions. |
| What does the Equal Protection Clause of the 14th Amendment state? | States must provide equal protection of the laws to all people. |
| Why is the Equal Protection Clause important in affirmative action cases? | It is used to challenge policies that treat people differently based on race. |
| What did the 19th Amendment (1920) do? | Granted women the right to vote. |
| What did Title IX of the Education Amendments of 1972 do? | Prohibited sex discrimination in schools receiving federal aid and increased female participation in sports programs. |
| What happened in Fisher v. University of Texas at Austin (2013 & 2016)? | Abigail Fisher sued the University of Texas at Austin, arguing that the school’s consideration of race in admissions violated the Equal Protection Clause of the 14th Amendment. |
| What was the result of Fisher v. University of Texas at Austin (2013)? | In 2013, the Supreme Court said courts must apply “strict scrutiny” when reviewing race-based admissions policies. |
| What was the result of Fisher v. University of Texas at Austin (2016)? | In 2016, the Court upheld (allowed) UT Austin’s policy, ruling that its limited use of race as one factor in admissions was constitutional. |
| What was New York Times Co. v. United States (1971)? | A Supreme Court case in 1971 involving the publication of the “Pentagon Papers” about the Vietnam War. |
| What were the “Pentagon Papers” (1971)? | Top-secret documents about the Vietnam War that were leaked by Daniel Ellsberg, a Pentagon employee, to the New York Times. The documents revealed that the government had misled the public about the war. |
| What did President Nixon try to do in 1971? | President Nixon attempted to prevent the New York Times and the Washington Post from publishing the Pentagon Papers, claiming national security concerns. |
| What is prior restraint? | Prior restraint (also called prior censorship) is when the government tries to stop speech or publication before it happens. The First Amendment strongly limits this power. |
| What was the Supreme Court’s decision in New York Times Co. v. United States (1971)? | In a 6–3 decision, the Court ruled that the New York Times had the right to publish the documents. |
| Why did the Supreme Court rule against prior restraint in 1971? | The Court decided that publication would not cause a direct, immediate, and inevitable danger to American forces, so prior restraint was not justified. |
| Can prior restraint ever be allowed? | The Court suggested it may be allowed during wartime, but Vietnam was not an officially declared war. |
| Can the government punish speech after publication? | Yes, the government may prosecute after publication, especially if the material is libelous. |
| What was the significance of the 1971 decision? | It reinforced that a free press is essential to democracy and that the government has very limited power to censor material before publication. |
| What was Roe v. Wade (1973)? | A 1973 Supreme Court case that ruled a woman has a constitutional right to an abortion. (Overturned in 2022.) |
| Who was Jane Roe in Roe v. Wade (1973)? | Jane Roe was the pseudonym for Norma McCorvey, a Texas woman who challenged a Texas law banning most abortions. |
| What did Texas law say before Roe v. Wade (1973)? | Texas law prohibited abortions except to save the life of the pregnant woman. |
| What constitutional question was asked in Roe v. Wade (1973)? | Does the Constitution protect a woman’s right to terminate her pregnancy? |
| What was the Supreme Court’s decision in Roe v. Wade (1973)? | In a 7–2 decision, the Court ruled that a woman had a constitutional right to an abortion. |
| What was the Court’s reasoning in Roe v. Wade (1973)? | The Court said the right to abortion falls under the right to privacy implied in the Bill of Rights (especially the 4th Amendment) and protected by the 14th Amendment. |
| What did Roe v. Wade (1973) decide about trimesters? | The decision gave women full autonomy during the first trimester but allowed the government to regulate abortions in the second and third trimesters due to interests in maternal health and potential life. |
| Why is Roe v. Wade (1973) significant? | It became one of the most controversial and politically debated Supreme Court decisions in U.S. history. |
| Is the right to privacy directly written in the Constitution? | No, it is not explicitly listed, but since the 1960s the Supreme Court has recognized that several amendments imply a right to privacy in personal matters. |
| Is the right to privacy unlimited? | No, the Court has ruled that it can be limited when the government has compelling interests, such as protecting health or potential life. |
| What is incorporation? | The process by which the Supreme Court applies protections in the Bill of Rights to the states through the 14th Amendment. |
| What is selective incorporation? | The process of applying specific rights from the Bill of Rights to the states one at a time using the 14th Amendment’s Due Process Clause. |
| What amendment is used to incorporate rights to the states? | The 14th Amendment. |
| Which clause of the 14th Amendment is most commonly used for incorporation? | The Due Process Clause. |
| What does the 14th Amendment prohibit states from doing? | Depriving any person of life, liberty, or property without due process of law, or denying equal protection of the laws. |
| What year was McDonald v. Chicago decided? | 2010. |
| What law was challenged in McDonald v. Chicago? | Chicago’s handgun ban. |
| What constitutional question did McDonald v. Chicago address? | Whether the Second Amendment applies to the states through the 14th Amendment. |
| What was the Supreme Court’s decision in McDonald v. Chicago? | The Court ruled 5–4 that the Second Amendment applies to the states. |
| What right was incorporated in McDonald v. Chicago? | The right to keep and bear arms for self-defense. |
| Through which part of the 14th Amendment was the Second Amendment incorporated? | The Due Process Clause. |
| What standard does the Court use to decide if a right should be incorporated? | Whether the right is fundamental to the Nation’s scheme of ordered liberty or deeply rooted in American history and tradition. |
| What earlier case recognized an individual right to bear arms before McDonald? | District of Columbia v. Heller (2008). |
| Why is McDonald v. Chicago important? | It made the Second Amendment binding on state and local governments. |
| What was the Supreme Court’s decision in Gideon v. Wainwright? | The Court ruled 9–0 in favor of Gideon. |
| What constitutional issue did Gideon v. Wainwright address? | Whether the Sixth Amendment right to an attorney applies to state criminal trials. |
| What did the Supreme Court rule in Gideon v. Wainwright? | The Court ruled that states are required to provide an attorney to defendants who cannot afford one in felony cases. |
| Which amendment was incorporated in Gideon v. Wainwright? | The Sixth Amendment. |
| Through which amendment was the Sixth Amendment applied to the states? | The 14th Amendment. |
| Why did the Court say the right to counsel must apply to the states? | Because the right to an attorney is a fundamental and essential right necessary for a fair trial. |
| What was the impact of Gideon v. Wainwright? | All defendants in felony criminal trials in state courts must be provided an attorney if they cannot afford one. |
| What did Gideon do after his conviction was overturned? | He was retried with a court-appointed attorney and was acquitted. |
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