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GVPT 100 Study Guide - Midterm Guide: Flag Desecration, United States Constitution, Symbolic Speech

Government and Politics
Course Code
GVPT 100
Study Guide

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AP Government Test: Civil Liberties and Civil Rights
Pure speech
· the communication of ideas through spoken or written words or through conduct
limited in form to that necessary to convey the idea. Protected via the 1st amendment
- Does not include libel, slander, or obscenity
Symbolic Speech
· Acts that purposefully convey a political message: flag burning, draft card burning
· Protected by the 1st amendment but not protected when it involves an illegal act
· Exception = flag burning (considered restriction of free speech)
- Flag burning is legal. Supreme court ruled it unconstitutional that flag burning
was a crime
Speech Plus
· Same as symbolic speech
Free speech
· Political right to communicate one’s ideas via speech
· Protected by the First Amendment of the United States Constitution and by many
state constitutions including state and federal laws
· Not absolute and is subject to limitations
· Not guaranteed full constitutional protection if libel, obscenity, symbolic speech,
incitement to commit a crime, or false advertising
Substantive due process
· one of the theories of law through which courts enforce limits on legislative and
executive powers and authority.
there are certain laws and freedoms with which the government can’t tamper with
laws have to be reasonable
aims to protect individuals against majoritarian policy enactments
which exceed
the limits of governmental authority
· avenues for use of this theory by courts are the Due Process Clauses of the Fifth
and Fourteenth Ame
·ndments, which prohibit the federal and state governments, respectively, from depriving
any person of "life, liberty, or property, without due process of law.
Procedural due process
· The idea of fairness in the processes that resolve disputes and allocate
· One aspect of procedural justice is related to discussions of the administration of
justice and legal proceedings aims to protect individuals from the coercive power of
government by ensuring that adjudication processes
under valid laws are fair and

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Eminent domain
· an action of the state to seize a citizen's private property, expropriate property, or
seize a citizen's rights in property (e.g. air, water, land) with due monetary
compensation, but without the owner's consent
· Property is seized through condemnation proceedings when the property goes from
the private owner to the government, during which the property owner has right of due
· Examples of property: highways and railroads
Mapp v. Ohio (1961)
· Adopted exclusionary rule which is a way of punishing police misconduct in a
criminal trial in which can exclude improperly obtained evidence. Supreme Court
decided that evidence obtained in violation of the Fourth Amendment, which protects
against "unreasonable searches and seizures," may not be used in state law criminal
· Exclusionary rule- evidence gathered in violation of Constitution can’t be used in
Schenck v. United States
· upheld the Espionage Act of 1917 and concluded that a defendant did not have a
First Amendment right to express freedom of speech against the draft during World War
· Ultimately established “Clear and Present Danger” test
Betts v. Brady
· denied an appointed counsel (lawyer) to indigent (poor/needy) defendants when
prosecuted by a state
· was famously overruled by Gideon v. Wainwright
Gideon v. Wainwright
· Ruled that state courts are required under the Sixth Amendment of the
Constitution and 14th amendment(due process) to provide counsel in criminal cases for
defendants who are unable to afford their own attorneys.
Tinker v. Des Moines
· defined the constitutional rights of students in U.S. public schools.did not permit
a public school to punish a student for wearing a black armband as an anti-war protest,
absent any evidence that the rule was necessary to avoid substantial interference with
school discipline or the rights of others
· Tinker tests – way of to determine whether a school's disciplinary actions violate
students' First Amendment rights.
New Jersey v. TLO
· addressed the constitutionality of a search of a public high school student for
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