ap gov unit 5
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| free exercise clause | the government will not interfere in an individual practicing their religion.
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| establishment clause | the government cannot promote or establish any religion (or religion in general) in the United States.
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| three prong test | 1. The law/action/statute must have a secular (non-religious) legislative purpose.
2. The law/action/statute must not advance or inhibit religion.
3. The law/action/statute must not foster an excessive government entanglement with religion.
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| three prong test case | Lemon v. Kurtzman ruling, violation of establishment clause
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| Engel v. Vitale ruling (before Lemon) | yes, for Engel, violation of establishment clause in the 1st amendment
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| Engel v. Vitale description | The Board of Regents for the State of New York authorized a short, voluntary prayer for recitation at the start of each school day. Students were allowed to opt out.
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| Wisconsin v. Yoder ruling | yes, for Yoder, violation of 1st amendment
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| Wisconsin v. Yoder description | Yoder, Miller, and Yutzy were prosecuted under Wisconsin law that required children to attend public schools until age 16. They refused to send their children after eighth grade, arguing that high school attendance was contrary to their religious beliefs.
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| freedom of speech | the government cannot create laws that would limit a citizen’s speech or restrict the freedom of press.
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| clear and present danger test (Schenck v. US) | the court will take into consideration the time, place, and manner of a person’s speech and may restrict/punish speech that will create “clear and present danger” or “imminent danger”
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| fighting words | Words that when spoken inflict injury or tend to incite an immediate unlawful action. Fighting words are not protected by the First Amendment.
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| prior restraint | The government’s (usually the judicial branch) attempt to suppress or prevent the publication/broadcast of material. The government is extremely limited in their ability to do this under the First Amendment.
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| preferred position doctrine | the government should not punish people for what they say, but instead for what they do.
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| symbolic speech | actions that convey a particular message.
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| libel | written defamation, reason for conviction: 1. The words are, in fact, false. 2. At the time of publication/speaking, the individual must know that they are false. 3. The words must cause harm (usually measured financially.)
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| obscenity test (Miller test) | 1. Whether the average person thinks it appeals to prurient interest
2. Whether the work depicts in an offensive way, sexual conduct specifically defined by the state law.
3. If the work lacks serious literary, artistic, political, scientific value
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| Tinker v. DeMoines ruling | yes, for Tinker and violation of 1st amendment freedom of speech protections
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| Tinker v. DeMoines description | John Tinker, sister Mary Beth, and Christopher Echardt, decided with parents to protest Vietnam War by wearing black armbands to school during Christmas. The principals resolved that they remove them or face suspension. Suspended until New Year's
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| New York Times v. United States ruling | yes, for NYT, violation of 1st amendment - prior restraint not justified
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| New York Times v. United States description | "pentagon papers case", Nixon Administration attempted to prevent NYT and WP from publishing a classified Defense Department study regarding the history of United States activities in Vietnam.
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| second amendment | Congress cannot pass a law that would restrict the people from owning weapons.
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| third amendment | soldiers cannot be placed in privately owned homes. This has almost zero application today
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| fourth amendment | the cops must have a proper warrant or “just” cause to search private property and seize evidence.
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| exclusionary rule | Any evidence that is seized as a result of an unlawful search will be excluded from use in trial.
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| five separate protections in fifth amendment | 1. right to a jury trial when charged with a crime
2. no double jeopardy
3. no self-incrimination
4. right to a fair trial
5. imminent domain
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| imminent domain | protection against taking of property by the government without compensation
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| regulatory taking | the creation of regulations that would strip the value of property without actually taking the property away from an individual.
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| sixth amendment's right to counsel | the individual accused of committing a crime has the right to attorney.
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| seventh amendment | individuals have the right to a jury trial in civil suits that exceed $10,000.
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| eighth amendment | the punishment must match the severity of the crime.
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| mcdonald v. chicago ruling | yes, for mcdonald, second amendment applies to states due to fourteenth amendment
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| mcdonald v. chicago case | several suits were filed against Chicago and Oak Park in Illinois challenging their gun bans after the Supreme Court issued its opinion in District of Columbia v. Heller.
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| gideon v. wainwright ruling | yes, for gideon, violation of sixth amendment's right to counsel
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| gideon v. wainwright case | Clarence Earl Gideon was charged in Florida state court with a felony. When he appeared in court without a lawyer, Gideon requested that the court appoint one for him but was rejected.
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