gov ap exam quizlet (-chapters 6, 7, 13, 14, 15, & 16)

Zurcher v Stanford Daily

right of police to search newspaper files

citizens united v. federal election commission (2010)

ruling --> corporations are "people" and limiting campaign contributions by large corporate interests was illegal because it limited their freedom of speech. furthermore, the origins/names of the large contributors cannot be required (hence the term "dark money" that is used to refer to these campaign contributions).

roth v. united states (1957)

ruling --> obscenity is not constitutionally protected free speech

near v. minnesota (1931)

ruling = amendment one protects newspapers from "prior restraint" (i.e. cannot be told in advance "can't touch dat")

mcdonald v. chicago (2010)

ruling that a mid-western city's ban on handguns was unconstitutional because ownership was protected by the 2nd amendment, and under the 14th amendment's doctrine of incorporation, states and municipalities could not void the 2nd Amendment rights of their citizens

schenck v united states

a 1919 decision upholding the conviction of a socialist who had urged young men to resist the draft during world war 1. justice holmes declared that government can limit speech of the speech provoked a "clear and present danger" of substantive evils

korematsu v united states

a 1944 supreme court decision that upheld as constitutional the internment of more than 100,000 americans of japanese descent in encampments during world war ii

hernandez v texas

a 1954 supreme court decision that extended protection against discrimination to hispanics

roth v united states

a 1957 supreme court decision ruling that "obscenity is not within the area of constitutionally protected speech or press"

red lion broadcasting company v federal communications commission

a 1969 case in which the supreme court upheld restrictions on radio and revelation broadcasting. these rest rooms on the broadcast media are much tighter than those on the print media because there are only a limited number of broadcasting frequencies available

miller v california

a 1973 supreme court decision that avoided defining obscenity by holding that community standards be used to determine whether material is obscene in terms of appealing to a "prurient interest" and being "patently offensive" and lacking in value

miami herald publishing company v tornillo

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 media print

zurcher v stanford daily

a 1978 wormer court decision holding that a proper search warrant could be applied to a newspaper as well as to anyone else without necessarily violating the first amendment rights to freedom of the press

texas v johnson

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

planned parenthood v casey

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

plea bargaining

a bargaining 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

sixth amendment

a constitutional amendment designed to protect individuals accused of crimes. it includes the right to counsel, the right to confront witness, and the right to a speedy and public trial

fifth amendment

a constitutional amendment designed to protect the rights of persons accused of crimes, including protection against double jeopardy, self-incrimination, and punishment with due process of law

prior restraint

a government 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 first amendment and as confirmed in the 1931 supreme court case near v minnesota

voting rights act of 1965

a law designed to help end formal and informal barriers to african american suffrage. under the law, hundreds of thousands of african americans were registered, and the number of african american elected officials increased dramatically

seniority system

a simple rule for picking committee chairs, in effect until the 1970s. the member who had served on the committee the longest and whose party controlled the chamber became chair, regardless of party loyalty, mental state, or competence

shield laws

a type of law that protects reporters

search warrant

a written authorization from a court specifying the area to be searched and what the police are searching for

casework

activities of members of congress that help constituents as individuals; cutting through bureaucratic red tape to get people what they think they have a right to get

plessy v. ferguson

an 1896 supreme court decision that provided a constitutional justification for segregation by ruling that a louisiana law requiring "equal but separate accommodations for the white and colored races" was constitutional

gideon v. wainwright (1963)

anyone accused of a felony that would lead to imprisonment upon conviction is entitled to a lawyer, and may ask for a public defender

gibbons v. ogden (1824)

article 1 section 8 gives congress broad powers including regulation of interstate commerce, including virtually every form of commercial activity

communications decency act (1996)

banned obscene material and criminalizing the transmission of indecent speech or images to anyone under 18 years of age

Texas v Johnson

burning american flag = constitutional

US v O'Brien

burning draft card = unconstitutional

mcculloch v. maryland (1819)

case set forth two great constitutional principles: 1) the supremacy of the national government over the states 2) national government has implied powers that go beyond those enumerated in the constitution

commercial speech

communication in the form of advertising. it can be restricted more than many other types of speech but had been receiving increased protection for the supreme court

cruel and unusual punishment

court sentences prohibited by the eighth amendment. although the supreme court has ruled that mandatory death sentences for certain offenses are unconstitutional, it had not held that the death penalty itself constitutes cruel and unusual punishment

baker v. carr (1962)

dealt with voting districts in the lower house of state legislators. ruling said that voting districts which elect representatives must conform to "one man = one vote" i.e. you can't let districts with just a few people have the same number of votes in the legislator as districts with many more people. this idea was soon expanded to include the upper house state legislators as well (that later case was "reynolds v. simms") name the case pertaining to the "lower houses".

new york times v sullivan

decided in 1964, this case established the guidelines for determining whether public officials and public figures could win damage suits for libel. to do so, individuals must prove that the defamatory statements were made with "actual malice" and reckless disregard for the truth

federal trade commission (FTC)

decides what kinds of goods may be advertised on radio and television and regulates the content of such advertising

district of columbia v. heller (2008)

federal government could not pass laws but ignored the 2nd amendment --> individuals have the right to possess and use fire arms for traditionally lawful purposes including self-defense within the home

miller v. california (1973)

further define obscenity with a three-part test: 1) "prurient interest in sex" 2) "patently offensive sexual conduct" specifically defined 3) lacking in serious artistic, political, or scientific merit

Scott v Sanford

held that african americans are not citizens —> reversed by 14th

shaw v. reno (1993)

if redistricting is so bizarre that it is unexplainable on grounds other than race... such redistricting = unconstitutional... unless justified under a "standard of strictest scrutiny" which includes: a) a compelling government interest your goal b) narrowly tailored to achieve that goal c) least restrictive means of achieving that goal

planned parenthood v. casey (1992)

loosened the standards for a state to restrict abortions

collins v smith

no community could use it's power to grant parade permits to stifle free expression

symbolic speech

no verbal communication, such as burning a flag or wearing an armband. the supreme court has accorded some symbolic speech protection under the first amendment

unreasonable searches and seizures

obtaining evidence in a haphazard or random manner, a practice prohibited by the fourth amendment. probable cause and/or a search warrant are required for a legal and proper search for and seizure of incriminating evidence

white primary

one of the means used to discourage african american voting that permitted political parties in the heavily democratic south to exclude african american from primary elections, thus depriving them of a voice in the real contests. the supreme court declared white primaries unconstitutional in 1944.

Rostker v Goldberg

only male draft = constitutional

equal protection of the laws

part of the fourteenth amendment emphasizing that the laws must provide equivalent "protection" to all people

school district of abington township, pennsylvania v. schempp (1963)

pennsylvania laws requiring Bible readings in public schools is ruled to violate the establishment clause

Chisolm v Georgia

permitted an individual to sue a state in federal court —> reversed by 11th

lemon v. kurtzman (1971)

precedent which ruled that government aid to religious schools must: -be used for a secular purpose -neither advance nor inhibit religion -not excessively entangle religion and government (which includes taxpayer money)

federal communications commission (FCC)

regulates the content, nature, and very existence of radio and television broadcasting

united states v playboy entertainment group

regulation of sexually oriented programming must be narrowly tailored to promote a compelling government interest

telecommunications act of 1996

requires cable television operators providing channels "primarily dedicated to sexually-oriented programming" either to "fully scramble or otherwise fully block" those channels to limit their transmission to hours when children are unlikely to be viewing (10pm-6am)

marbury v. madison (1803)

ruling that established the principle of judicial review which allows the courts to overrule the actions of the other two branches if they find those actions to unconstitutional

engel v. vitale (1962)

ruling that found state officials had violated the first amendment when they wrote a prayer and required it to be recited by children in new york's public schools

gitlow v. new york (1925)

ruling which held that freedom of press and speech are "fundamental rights and liberties protected from impairment by the states as well as the federal government"

miranda v. arizona (1966)

set guidelines for police arresting and questioning suspects. requires police to inform arrestees of their rights.

poll taxes

small taxes levied on the right to vote that often fell due at a time of year when poor african american sharecroppers had the least cash on hand. this method was used by most southern states to exclude african americans from voting. Poll taxes were declared void by the twenty-fourth amendment in 1964

slander

spoken defamation

texas v. johnson (1989)

struck down a state law banning the burning of the american flag, ruling that the behavior in question was "protected symbolic speech"

buckley v. valeo (1976)

struck down part of the federal election campaign act. in particular, said the law could not restrict the amount of money that a person puts in their own campaign (which the court said would be a violation of free speech).

united states v. lopez (1995)

struck down the (original 1990) federal gun free schools act. the logic included: 1) congress was overreaching when it used the commercial clause to justify gun free school zones 2) congress had stolen a reserved power from the states to police the conduct of their citizens

tinker v. des moines (1969)

students wearing black armbands to protest american involvement in vietnam were exercising protected free speech. case included the statement that the bill of rights does not stop and wait outside the schoolhouse door.

scott v sandford

the 1857 supreme court decision ruling that a slave who had escaped to a free state enjoyed no rights as a citizen and that congress had no authority to ban slavery

near v minnesota

the 1932 supreme court decision holding that the first amendment protects newspapers from prior restraint

brown v board of education

the 1954 supreme court case decision holding that school segregation was inherently unconstitutional because it violated the fourteenth amendment's guarantee of equal protection. this case marked the end of legal segregation in the united states

mapp v ohio

the 1961 supreme court decision ruling that the fourth amendment's protection against unreasonable searches and seizures must be extended to the states as well as to the federal government

gideon v wainwright

the 1963 supreme court decision holding that anyone accused on a felony where imprisonment may be imposed, however poor he or she might be, has a right to a lawyer

miranda v arizona

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 - they have a constitutional right to remain silent and may stop answering questions at any time - what they say can be used against them in a court of law - they have a right to have a lawyer present during questioning and that the court will provide an attorney if they cannot afford their own lawyer

roe v wade

the 1973 supreme court case decision hold that a state ban on all abortions was constitutional. the decision forbade state control over abortions during the first trimester of pregnancy, permitted states to limit abortions to protect the mother's health in the second trimester, and permitted states to protect the fetus during the third trimester

gregg v georgia

the 1976 supreme court decision that upheld the constitutionality of the death penalty, stating, "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

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 penalty than were white defendants

griswold v. connecticut (1965)

the bill of rights casts shadows (penumbras) of unstated or "implicit" rights. most famous of these = privacy including (in this case) the right for a family and their physician to prescribe in obtain birth control devices which were outlawed by the state of connecticut

fourteenth amendment

the constitutional amendment adopted after the civil war that states, "no state shall make or enforce any law which 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."

fifteenth amendment

the constitutional amendment adopted in 1870 to extend suffrage to african americans

twenty-fourth amendment

the constitutional amendment passed in 1964 that declared poll taxes void in federal elections

thirteenth amendment

the constitutional amendment ratified after the civil war that forbade slavery and involuntary servitude

eighth amendment

the constitutional amendment that forbids cruel and unusual punishment, although it does not define the phrase. through the fourteenth amendment, this bill of rights provision applies to the states.

roe v. wade (1973)

the decision to have an abortion (at least during the first trimester) was private and state government could not restrict that right to privacy. states were allowed to restrict abortions in the second trimester if the restrictions are related to the mother's health, and allowed states to ban abortions during their third trimester except where mother's life or health were in danger.

civil rights act of 1964

the law that made racial discrimination against any group in hotels, motels, and restaurants illegal and forbade many forms of job discrimination - made racial discrimination illegal in hotels, motels, restaurants, and other places of public accommodation - forbade discrimination in employment on the basis of race, color, national origin, religion, or gender - created the equal employment opportunity commission (EEOC) to monitor and enforce protection against job discrimination - provided for withholding federal grants from state and local governments and other institutions that practiced racial discrimination - strengthened voting rights legislation - authorized the us justice department to initiate lawsuits to desegregate public schools and facilities

suffrage

the legal right to vote, extended to african americans by the fifteenth amendment, to women by the nineteenth amendment, and to people over the age of 18 by the twenty-sixth amendment

libel

the publication of false or malicious statements that damage someone's reputation

right to privacy

the right to a private personal life free from the intrusion of government

exclusionary rule

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

self-incrimination

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 self-incrimination

probable cause

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 and seize incriminating evidence

erznoznik v jacksonville

the supreme court held that jacksonville's ordinance was unconstitutionally broad. the city council had gone too far; it could end up banning movies that might not be obscene.

naacp v alabama

the supreme court protected the right to assemble peaceably in this 1958 case when it decided the naacp did not reveal i's membership list and the subject its members to harassment

mapp v. ohio (1961)

this case broadened the "exclusionary rule" protections from amendment #4 and said that the rule applied to state governments as well, not just the national government

barron v. baltimore (1833)

this famous case ruled that the bill of rights restrained only the national government and that the bill of rights did not apply to relationships between state government and citizens

new york times v. sullivan (1964)

to win a libel lawsuit against a newspaper, plaintiff needed to prove: 1) statements were intentionally malicious 2) statements were made with "reckless disregard" for the truth

brown v. board of education of topeka, kansas (1954)

two part case overturned plessy v. ferguson with reasoning that included: a) separate schooling between races is inherently unequal b) desegregation should take place with all reasonable speed

wisconsin v. yoder (1972)

unanimous decision which held that an individual's right to free exercise of religion outweighs a state's interest in compelling school attendance beyond 8th grade

Widmar v Vincent

universities that allow students to use facilities must allow for facilities to be used for religious worship

Wisconsin System v Southworth

university fee to fund speakers = constitutional

Rosenberger v University of Virgina

university had to fund religious magazines like any other student publication

schenck v united states (1919)

upheld the conviction of a socialist urging men to resist the draft during ww1. justice oliver wendell holmes famously declared that government can indeed limit free-speech if it provoked a "clear and present danger" of substantial evil

Oregon v Michell

voided a congressional act allowing 18-20 year olds vote in state election —> reversed by 26th

standing, joint, conference, select

what are 4 types of committees

advertising, credit claiming, position taking, weak opponents, campaign spending

what are 4 ways an incumbent can try to be re-elected?