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?
