AP Government & Politics Chapter 4 Terms and IDs Paul Zuo Identify and describe: Civil liberties o The

e legal constitutional protections against government. Although our civil liberties are formerly set down in the Bill of Rights, the courts, police, and legislatures define their meaning Bill of Rights o The first ten amendments to the US constitution, drafted in response to some of the AntiFederalist concerns. These amendments define such basic liberties as freedom of religion, speech, and press and offer protections against arbitrary searches by the police and being held without talking to a lawyer. 1 st Amendment o the constitutional amendment that establishes the four great liberties: freedom of the press, speech, religion and assembly. 14 th Amendment o the constitutional amendment adopted after the civil war that states, no state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. Incorporation doctrine o The legal concept under which the Supreme Court has nationalized the Bill of Rights by making most of its provisions applicable to the states through the Fourteenth amendment. Establishment clause o Part of the first amendment stating that congress shall make no law respecting an establishment of religion. Free exercise clause o A first amendment provision that prohibits government from interfering with the practice of religion Prior restraint o A governments preventing material from being published. This is a common method of limiting the press in some nations, but it is usually unconstitutional in the United States, according to the 1st amendment and as confirmed in the 1931 Supreme Court case of Near v Minnesota. Libel o The publication of false or malicious statements that damage someones reputation. Symbolic speech o Nonverbal communication, such as burning a flag or wearing an armband. The Supreme Court has accorded some symbolic speech under the first amendment. Commercial speech o Communication in the form of advertising. It can be restricted more than many other types of speech but has been receiving increased protection from the Supreme Court. Probable cause o The situation occurring when the police have reason to believe that a person should be arrested. In making the arrest, police are allowed legally to search for and seize incriminating evidence. Unreasonable searches and seizures o Obtaining evidence in a haphazard or random manner, a practice prohibited by the Fourth Amendment. Both probable cause and a search warrant are required for a legal and proper search for and seizure of incriminating evidence. Search warrant o A written authorization from a court specifying the area to be searched and what the police are searching for. Exclusionary rule

AP Government & Politics Chapter 4 Terms and IDs Paul Zuo o The rule that evidence, no matter how incriminating, cannot be introduced into a trial if it was not constitutionally obtained. The rule prohibits use of evidence obtained through unreasonable search and seizure. 5 th Amendment o The constitutional amendment designed to protect the rights of persons accused of crimes, including protection against double jeopardy, self-incrimination, and punishment without due process of law. Self-incrimination o The situation occurring when an individual accused of a crime is compelled to be a witness against himself or herself in court. The Fifth Amendment forbids this. 6 th Amendment o The constitutional amendment designed to protect individuals accused of crimes. It includes the right to counsel, the right to confront witnesses, and the right to a speedy and public trial. Plea bargaining o A bargain struck between the defendant's lawyer and the prosecutor to the effect that the defendant will plead guilty to a lesser crime (or fewer crimes) in exchange for the state's promise not to prosecute the defendant for a more serious (or additional) crime. 8 th Amendment o The constitutional amendment that forbids cruel and unusual punishment, although it does not define this phrase. Through the Fourteenth Amendment, this Bill of Rights provision applies to the states. Cruel and unusual punishment o Court sentences prohibited by the Eighth Amendment. Although the Supreme Court has ruled that mandatory death sentences for certain offenses are unconstitutional, it has not held that the death penalty itself constitutes cruel and unusual punishment. Right of privacy o The right to a private personal life free from the intrusion of government. This right is implicitly protected by the Bill of Rights.

Identify and describe: Barron v. Baltimore (1833) o The 1833 Supreme Court decision holding that the Bill of Rights restrained only the national government, not the states and cities. Almost a century later, the Court first ruled in Gitlow v New York that state governments must respect some first amendment rights. Gitlow v. New York (1925) o The 1925 Supreme Court decision holding that freedoms of press and speech are "fundamental personal rights and liberties protected by the due process clause of the Fourteenth Amendment from impairment by the states" as well as by the federal government. Lemon v. Kurtzman (1971) o The 1971 Supreme Court decision that established that aid the church-related schools must 1) have a secular legislative purpose; 2) have a primary effect that neither advances nor inhibits religion; and 3) not foster excessive government entanglement with religions. Zelman v. Simmons-Harris (2002) o The 2002 Supreme Court decision that upheld a state program providing families with vouchers that could be used to pay for tuition at religious schools. Engel v. Vitale (1962) o The 1962 Supreme Court decision hold that state officials violated the First Amendment when they wrote a prayer to be recited by New York's schoolchildren. School District of Abington Township, Pennsylvania v. Schempp (1963) o A 1963 Supreme Court decision holding that a Pennsylvania law requiring Bible reading in schools violated the establishment clause of the First Amendment. Near v. Minnesota (1931)

AP Government & Politics Chapter 4 Terms and IDs Paul Zuo o The 1931 Supreme Court decision holding that the First Amendment protects newspapers from prior restraint. Schenk v. United States (1919) o The 1919 Supreme Court decision upholding the conviction of a socialist who had urged resistance to the draft during World War I. Justice Holmes declared that government can limit speech if the speech provokes a "clear and present danger" of substantive evils. Zurcher v. Stanford Daily (1976) o A 1978 Supreme Court decision holding that a proper search warrant could be applied to a newspaper without necessarily violating the First Amendment rights to freedom of the press. Roth v. United States (1957) o A 1957 Supreme Court decision ruling that "obscenity is not within the area of constitutionally protected speech or press." Miller v. California (1973) o A 1973 Supreme Court decision hold that community standards be used to determine whether material is obscene in terms of appealing to a " prurient interest. New York Times v. Sullivan (1964) o Decided in 1964, this case established the guidelines for determining whether public officials and public figures could own damage suits for libel. To do so, said the Court, such individuals must prove that the defamatory statements made about them were made with actual malice and reckless disregard for the truth. Texas v. Johnson (1989) o A 1989 case in which the Supreme Court struck down a law banning the burning of the American flag on the grounds that such action was symbolic speech protected by the First Amendment. Miami Herald Publishing Co. v. Tornillo (1974) o A 1974 case in which the Supreme Court held that a state could not force a newspaper to print replies from candidates it had criticized, illustrating the limited power of government to restrict the print media. Red Lion Broadcasting Co. v. Federal Communications Commission (1969) o A 1969 case in which the Supreme Court upheld restrictions on radio and television broadcasting, such as giving adequate coverage to public issues and covering opposing views. These restrictions on the broadcast media are much tighter than those on the print media because there are only a limited number of broadcasting frequencies available. NAACP v. Alabama (1958) o The Supreme Court protected the right to assemble peaceably in this 1958 case when it decided the NAACP did not have to reveal its membership list and thus subject its members to harassment. Mapp v. Ohio (1961) o The 1961 Supreme Court decision ruling that the Fourth Amendment protection against unreasonable searches and seizures must be extended to the states as well as the federal government. Miranda v. Arizona (1966) o The 1966 Supreme Court decision that sets guidelines for police questioning of accused persons to protect them against self-incrimination and to protect their right to counsel. Gideon v. Wainwright (1963) o The 1963 Supreme Court decision holding that anyone accused of a felony where imprisonment may be imposed, however poor he or she might be, has a right to a lawyer. Gregg v. Georgia (1976) o The 1976 Supreme Court decision that upheld the constitutionality of the death penalty, stating that It is an extreme sanction, suitable to the most extreme of crimes. The court did not, therefore, believe that the death sentence constitutes cruel and unusual punishment. McCleskey v. Kemp (1987)

AP Government & Politics Chapter 4 Terms and IDs Paul Zuo o The 1987 Supreme Court decision that upheld the constitutionality of the death penalty against charges that it violated the Fourteenth Amendment because minority defendants were more likely to receive the death penalty than white defendants. Roe v. Wade (1973) o The 1973 Supreme Court decision hold that a state ban on abortion was unconstitutional. The decision forbade state control over abortions during the first trimester of pregnancy, permitted sates to limit abortions to protect the mother's health in the second trimester, and permitted states to ban abortion during the third trimester Planned Parenthood v. Casey (1992) o A 1992 case in which the Supreme Court loosened its standard for evaluating restrictions on abortion from one of strict scrutiny of any restraints on a fundamental right to one of undue burden that permits considerably more regulation.

III. Compare and contrast: Civil liberties and Bill of Rights While both civil liberties and the bill of rights were part of the anti-federalists compromise to comply with the constitution, civil liberties are the protections against government, and they are enumerated in the Bill of Rights. 1 st Amendment and 14th Amendment While both the first and fourteenth amendments deal with individual protection of laws, the first amendment specifically guarantees us of our basic liberties (press, speech, religion, assembly) and the fourteenth amendment required states to give individuals equal protection under the law. Barron v. Baltimore and Gitlow v. New York While both Barron v Baltimore and Gitlow v New York deal with the rights of both government and states in managing the rights of citizens, Barron v Baltimore found that the Bill of Rights was intended to lessen the powers of the federal government and Gitlow v New York stated that states were not allowed to deny their citizens the rights listed in the Bill of Rights. Gitlow v. New York and 14th Amendment While both Gitlow v New York and the 14th Amendment deal with the protection of individual rights, Gitlow v New York found that states are not allowed to deny their citizens the rights in the Bill of Rights and the 14th amendment ensures that all citizens are given equal protection under the law. Establishment clause and free exercise clause While both the establishment clause and the free exercise clause deal with the governments role with our right to religion, the establishment clause ensures that the government will not establish an official religion or give preference to one religion over another and the free exercise clause ensures that the government will not intrude on your right to practice religion. Lemon v. Kurtzman and Zelman v. Simmons-Harris While both trials deal with the governments handling of religion in schools, Lemon v. Kurtzman emphasizes the key requirements that the government must fulfill in order for there to be funding to church-related school and Zelman v. Simmons-Harris found that it is acceptable to use vouchers for religious schools. Engel v. Vitale and School District of Abington Township, Pennsylvania v. Schempp While both trials deal with the role of religion in schools and the violation of the first amendment rights, Engel v. Vitale dealt with a written prayer whereas School District of Abington Township v Schempp dealt with bible readings. Prior restraint and Near v. Minnesota While both prior restraint and Near v. Minnesota deal with the censoring of the publishing, prior restraint is when the government prevents the material from being published and Near v. Minnesota is an instance of prior restraint. It found that newspapers are protected form prior restraint. Roth v. United States and Miller v. California While both Roth v. United States and Miller v. California deal with obscene materials, Roth v. United States found that obscene materials were not protected by free speech/press and Miller v. California stated that community guidelines should be utilized to make the judgment of whether

AP Government & Politics Chapter 4 Terms and IDs Paul Zuo something is obscene or not. Libel and New York Times v. Sullivan While both libel and New York Times v. Sullivan deal with false publications damaging someones reputation, libel is the term for the act of publishing information that hurts someones reputation and the case New York Times v. Sullivan made clear what was defined as libel; it must be a complete disregard for the truth and written with malice. Texas v. Johnson and symbolic speech While both Texas v. Johnson and symbolic speech deal with nonverbal expression, symbolic speech is the expression itself such as sit-ins and Texas v. Johnson is the trial in which used symbolic speech to justify burning the American flag. Miami Herald Publishing Co. v. Tornillo and Red Lion Broadcasting Co. v. Federal Communications Commission While both Miami Herald Publishing Co. v. Tornillo and Red Lion Broadcasting Co. v. Federal Communications Commission deal with the rights of press, the former case found that newspapers could not publish candidate replies to newspaper criticism and the latter upheld radio and television restrictions. Probable cause, unreasonable searches and seizures, and search warrant While probable cause, unreasonable searches and seizures, and search warrant all are parts of the process of police investigation, police officers cannot make an arrest or obtain a search warrant without probable cause. Unreasonable searches and seizures are made without a search warrant, and a search warrant is obtained through a court that allows for a search or seizure. Unreasonable searches and seizures and Mapp v. Ohio While both unreasonable searches and seizures and Mapp v. Ohio deal with the rights of individuals over arbitrary searches and seizures, Mapp v. Ohio extends the rule over to the states. Unreasonable searches and seizures and exclusionary rule While both unreasonable searches and seizures and exclusionary rule deal with the taking of evidence without a warrant or legal application, exclusionary rule finds that no evidence taken unconstitutionally may be introduced in court, including evidence that is obtained with unreasonable searches and seizures. 5 th Amendment and self-incrimination While both the 5th amendment and self-incrimination are found as part of the bill of rights, the 5 th amendment deals with the rights of persons accused of crimes, including protection against double jeopardy, self-incrimination, and punishment without due process of law. Self incrimination is just a part of the fifth amendment, where an individual cannot serve as a witness against himself/herself. 5 th Amendment and Miranda v. Arizona While both the 5th amendment and Miranda v. Arizona deal with the rights against selfincrimination, the 5th amendment states the rights of people accused with crimes and Miranda v. Arizona deals with guidelines for police questioning of accused persons. 6 th Amendment and Gideon v. Wainwright While both the 6th amendment and Gideon v. Wainwright ensure the right to a lawyer, the 6th amendment also includes more on how to protect individuals accused of crimes, which includes the right to confront witnesses and the right to a speedy and public trial. Gideon v. Wainwright basically focuses solely on the right to counsel. 8 th Amendment and cruel and unusual punishment While both the 8th amendment and cruel and unusual punishment both deal with over exaggerated sentences that are cruel and unusual, the 8th amendment merely states that cruel and unusual punishment is unconstitutional and cruel and unusual punishment is often times subjective due to various interpretations. Gregg v. Georgia and McCleskey v. Kemp Both Gregg v. George and McCleskey v. Kemp deal with upholding the constitutionality of the death penalty, but the significance of Gregg v. Georgia was that the death penalty wasnt cruel or unusual punishment and the significance of McCleskey v. Kemp was that the death penalty was not biased towards minority groups. Right of privacy and Roe v. Wade

AP Government & Politics Chapter 4 Terms and IDs Paul Zuo While both right of privacy and Roe v. Wade are involved in the argument for abortion rights, the right of privacy is not specifically mentioned in the Bill of Rights and is used as a argument for Roe v. Wade. The right of a womans private personal life is out of reach from state governments, and the Supreme Court came to that decision in Roe v. Wade.