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Individual freedoms that the government must respect.
Restrains government actions against individuals. Ex: freedom to think and act according to one's values or beliefs |
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Powers or privileges to individuals or protected groups, protected from arbitrary removal by government or individuals.
Ex: right to vote cant be denied based on gender, race, etc |
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Not controversial, traditional.
Application of laws and regulations according to a fair and regular procedure.
Imposes limits on how government carries out activity. Ex: read you your Miranda rights, trial by jury, innocent until proven guilty by government. |
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Controversial. Conformity to the subject matter of law. Limits what government can and cant do. Has to be reasonable. Ex: spitting on sidewalk cant equal 20 years in prison. Not controversial because if you elect leaders and they ran on a platform about something, passing that law should be fine. |
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All people born in the US are citizens on the US and state they reside in. Can't deprive any person of life, liberty or property without due process of law, now deny any person within its jurisdiction the equal protection of the laws. Applies Bill of Rights to your state government.
Most controversial, Guantanamo bay (not on US soil) |
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Barron v. Baltimore (1833) |
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Baltimore kept throwing dirt on Barron's land. Government can take or ruin land, but must compensate. Barron sued for compensation, but it wasn't the national government that ruined the land, it was the state. 5TH AMENDMENT BINDS NATIONAL GOVERNMENT, NOT STATE: LOST |
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Nationalization of the Bill of Rights |
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Use of 14th amendment's due process and equal protection clauses. "Selective incorporation" starting in 1925 - in a given case, SC says something in Bill of Rights Freedom on speech, applies |
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Gitlow v. New York (1925) |
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Nationalized freedom of speech protections (applies to states too) |
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Doctrines involving Free Expression and Permitted Restrictions |
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Guide the courts in ruling... Preferred position- free expression holds high place in real of rights and liberties Clear and present danger- You can't scream fire in a movie theater Bad tendency- speech can be curtailed if a speech will lead to an evil- can't advocate violence No Prior Restraint- govt has limited ability to stop expression before it occurs- if they think you're going to give a speech that will be harmful, they can't arrest you= have to wait until they say it first Clarity and least means possible- is speech is restricted it must be done as clear as possible and with least intrusive method as possible |
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Genrally PRotected Speech/Expression |
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Definition
Social Redeeming Value- can't restrict political, scientific or artistic literature/speech (can burn cross on your own lawn but cant on someone else's
Commercial Speech- advertising protected even though it can be distasteful Symbolic speech- nonverbal- usually protected if used to send a political message (flag burning) Speech Plus Conduct- marches, protests, sit ins. Reasonable public place, govt can limit this to protect safety of others. (outside abortion clinics, cant be on property but can be across the street Freedom of Association- protects your right to belong to whatever association you want (cant with Al-Quida though) |
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Unprotected or Conditionally Protected Speech/Expression |
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Obscenity Slander Fighting Words Subversive Speech |
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Miller v. California (1973) |
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Current test for obscenity
1. The average person finds it violates contemporary community standards 2. Work taken as a whole appeals to a prurient interest in sex 3. Work shows patently offensive sexual conduct 4. Work lacks serious redeeming literary artistic political or scientific merit YES TEST Yes to all four = obscene |
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NY Times v. Sullivan (1964) |
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Court ruled that almost anything can be said about public officials, including reckless lies, unless the official can prove that the media acted with malice |
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Citizen United v. Federal Election Commission (2010) |
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Citizens United wanted to air a film critical of Hillary Clinton. Ruled that government cannot restrict political independent expenditures by corporations, associations, or labor unions |
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Congress can't establish a religion and can't have a religious test to run for office |
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Emerson v. Board of Education (1947) |
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In cooperation of establishment clause |
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Can states take money from tax payer money to help religious schools transport kids? YES. Government can aid religion if the aid primarily benefits pupil as pupil, not religion Ex: cant buy Bibles |
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School sponsored prayer is unconstitutional, individual can pray on their own but teachers and principals cant lead prayer
Unconstitutional for state officials to compose an official school prayer and encourage its recitation in public schools |
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Epperson v. Arkansas (1968) |
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States cant ban the teaching of evolution |
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Does it violate the establishment clause? 1. Is the thing being questioned secular in purpose? 2. Primary effect must be neutral in regard to religion 3. Avoids any entanglement of government with religion. IF YES TO ALL 3: DOESN'T violate the ESTABLISHMENT CLAUSE |
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Under God in the Pledge of Allegiance |
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Added to pledge of allegiance during cold war to differentiate from "godless" communists |
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Laws can't discriminate against religion. As long as states don't target a specific religion, states can interfere with religious activity |
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Employment Division v. Smith (1990) |
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Religion cant make something legal that is otherwise illegal. Peyote case- if you fail a drug test for it, you can't say you smoked it for religious reasons |
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Religious Freedom Restoration Act (1993) |
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Unconstitutional infringement on the judiciary. Aimed to protect the free exercise of religion, and to prevent laws that burden a person's free exercise of their religion. Was overturned. |
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A well regulated militia, being necessary to the security of a free state the right of the people the keep and bear arms, shall not be infringed. Right to keep and bear arms. Arguments over meaning, usual interpretation is in relation to a state militia. |
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District of Columbia v. Heller (2008) |
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Definition
5-4 ruling, the second amendment does give individuals the privilege to use firearms for private use. DC cannot ban an entire class of weapons that individuals use to engage in self defense activities. Used this case to say you have an INDIVIDUAL RIGHT TO BEAR ARMS |
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McDonald v. City of Chicago (2010) |
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The second amendment applies to your relationship with the state as well as the national governments. States must respect individual right to bear arms |
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Prohibits unreasonable search and seizure, requires warrant. |
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Protections Against Unreasonable Search and Seizure |
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The Exclusionary Rule
(4th Amendment) |
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Evidence obtained illegally cannot be used in court
Mapp v. Ohio (1961) |
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Developed the exclusionary rule |
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Government cant force you to incriminate yourself (no torture). You have the right to remain silent. |
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Can't be tried for the same crime twice |
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Escebedo v. Illinois (1964) |
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Criminal suspects have a right to counsel during police interrogations under 6th amendment |
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Miranda v. Arizona (1966) |
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Police interrogation led to written confession. Found guilty even though wrongfully committed |
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Gideon v. Wainwright (1963) |
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State courts are required to provide counsel to defendants that can't afford it, under 14th amendment |
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Prohibition against cruel and unusual punishment. Death penalty has never been ruled cruel and unusual punishment. |
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Ruled on the requirement for a degree of consistency in the application of the death penalty |
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Not provided solely previous 8 rights, you are protected from others The enumeration in the constitution of certain rights, shall not be construed to deny or disparage others retained by the people |
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Griswold v. Connecticut (1965) |
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Ban on contraceptives infringed on right to privacy. Connecticut banned birth control devices. Ruled that states cannot ban birth control devices because the zone of privacy. A family's right to plan is protected by 9TH AMENDMENT |
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No state is allowed to ban abortion flat out. Privacy rights allow a woman to control her own body during pregnancy. 1. decision left entirely to couple 2. state may regulate, not prohibit 3. states may prohibit unless medical reasons show it saves woman's life |
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Webster v. Reproductive Health Services (1989) |
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First time courts allowed states to kind of prohibit abortion. Allowed to say that no state money, employees, or facilities can be used to help with abortion. 5-4 ruling |
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Planned Parenthood v. Casey (1992) |
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Court case when the undue burden test created. Minors need adult consent. Waiting periods- wait 24 hours after contacting clinic |
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Gonzales v. Cahart (2007) |
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5-4 Court said that federal ban was ok and didn't constitute an undue burden |
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If Roe v. Wade is overturned, abortion will be banned. Only in about 6 states. If it isn't overturned, compounds within it will still be legal. A law that is unenforceable now but may be in the future (ex abortion) |
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Bowers v. Hardwick (1986) |
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Privacy rights are not extended to homosexuals. 5-4 ruling Constitution doesn't protect acts between homosexuals even in their own home. (Anti sodomy) |
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Lawerence v. Texas (2003) |
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Bowers overturned, privacy rights do apply to homosexuals in the privacy of their own home as a matter of constitutional due process. Anti sodomy laws no longer legal |
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Equal Protection Clause of the 14th Amendment |
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No state can deny anyone within jurisdiction the equal protection of the laws |
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Plessy v. Ferguson (1896) |
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Segregation is alright as long as both facilities are equal (Separate but equal doctrines) |
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Laws passed by southern states that tried to legalize segregation |
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Smith v. Allwright (1944) |
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Strikes down the white primary. |
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Borwn v. Board of Education (1954) |
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Plessy is overturned, separate is inherently equal |
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If court plays strict scrutiny, burden of proof is on government |
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Soldiers returning from WW2. Truman desegregates the armed forces, Rosa Parks, Montgomery Bus Boycott, Freedom Rides, March on Washington |
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The Civil Rights Act of 1964 |
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Prohibits discrimination on the basis of race, color, religion, sex or national origin. Public Accommodations Provisions- entitled all persons to equal enjoyment of goods regardless of race/religion. Created EEOC- investigates discrimination |
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Voting Rights Act of 1965 |
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Outlawed discriminatory tests (literacy tests), authorized the federal government to register votes. |
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Prohibits discrimination by direct providers of housing and homeowners insurance companies whose discriminatory practices make housing unavailable to persons because of ethnicity, race, gender, religion, etc |
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De june and de facto segregation |
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de facto: Racial segregation, especially in public schools, that happens "by fact" rather than by legal requirement |
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A policy in job hiring or university admissions that gives special consideration to traditionally disadvantaged groups in an effort to compensate for past effects of discrimination |
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Regents of the University of California v. Bakke (1978) |
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Race can be used as one of many factors. Affirmative action is ok IF minority is used as one of many factors |
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Adarand Constructors v. Peña (1995) |
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Applied strict scrutiny to affirmative action Colorado doesnt have history of discriminating against constructors |
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University of Michigan Cases (2003) |
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Gratz v. Bollinger (undergrad)- Affirmative action undergrad program unconstitutional- system lacks individualism. 20 points out of 150 for being ethnic -> quota like (illegal).
Grutter v. Bollinger (law school)- Diversity in education is a compelling state interest. UM's law program is unconstitutional. Race can help admission. School's interest in diversity, admissions program ok because individualized review of applicant, race not awarded points. |
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Referenda on Affirmative Action |
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Michigan, Arizona, California, Nebraska, and Washington State, have all passed referendums on affirmative action. Michigan's is currently being appealed. |
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Women and Gender Discrimination |
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Have Women Aceived Equal Rights? |
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The middle level of scrutiny the courts use when determining whether unequal treatment is justified by the effect of a law; this is the standard used for gender-based discrimination cases and for many cases based on sexual orientation. |
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United Farmer Workers Union and Cesar Chavez |
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Immigrants and Civil Rights |
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Internment Camps during WW2 |
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Americans with Disabilities Act (1990) |
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Civil Rights and Same Sex Marriage |
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Is Income Inequality a problem? |
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Citizens' attitudes about political issues, leaders, institutions and events
a belief or sentiment shared by most people |
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A cohesive set of beliefs that form a general philosophy about the role of government
the coherent set of values and beliefs about the purpose and scope of government held by groups and individuals |
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beliefs of a person or social group in which they have an emotional investment (either for or against something) |
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Americans Support for Fundmental Values |
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A set of beliefs that includes a limited role for the national government in helping individuals, support for traditional values & lifestyles, & a cautious response to change |
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A set of beliefs that includes the advocacy of positive government action to improve the welfare of individuals, support for civil rights, & a tolerance for political & social change |
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Agents of Political Socialization |
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Family, schools, churches, other institutions that shape social and political values. |
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Perception of Fair Treatment Across Racial Groups |
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Disagreements among Men and Women on Policy Issues |
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Stability in Public Opinion |
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The Media, Government, and Public Opinion |
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an inquiry into public opinion conducted by interviewing a random sample of people
Scientific instruments for measuring public opinions |
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items selected at random from a population and used to test hypotheses about the population
A small group selected by researchers to represent an entire population |
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Probability Sampling
(random sample) |
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A method used by pollsters in which every individual in the entire population has the same chance of being polled
a method used by pollsters to select a representative sample in which every individual in the population has an equal probability of being selected as a respondent |
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Dialing a random number to collect information about political beliefs. Can skew results because of landlines versus cell phones.
A technique used by pollsters to place telephone calls randomly to both listed and unlisted numbers when conducting a survey. |
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Errors in the selection and placement of subjects into groups that results in differences between groups which could effect the results of an experiment.
When some groups are either overrepresented or underrepresented |
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Sampling Error/Margin of Error |
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4 percentage points in either direction. How much in reality can this survey be wrong?
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It depends on how you ask |
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Social Desirability Effect |
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The effect that results when respondents in a survey report what they expect the interviewer wishes to hear rather than what they believe |
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a polling technique in which the questions are designed to shape the respondent's opinion
A polling technique in which the questions are designed to shape the respondent's opinion |
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A shift in electoral support to the candidate whom public opinion polls report as the front-runner
the phenomenon of a popular trend attracting even greater popularity |
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The Mass Media: The Future of Political Journalism |
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Types of Media (Traditional and New) |
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Traditional: television, newspaper, radio New: blogs, twitter, |
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Americans' Main Source for News |
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Who Gets Political Information On-Line? |
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Benefits and Concerns of On-Line News |
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How the Media Influences Politics
(Agenda Setting Selection Bias, Framing, Priming) |
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a form of reporting in which the media adopt a skeptical or even hostile posture toward the government and public officials
Form of interpretive journalism that adopts a hostile position toward government, politics, and political figures. |
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The requirement that broadcasters provide candidates for the same political office equal opportunities to communicate their messages to the public
an FCC rule that if a broadcaster sells time to one candidate, it must sell equal time to other candidates. |
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Federal Communications Commission policy that required holders of radio and television licenses to ensure that different viewpoints were presented about controversial issues or persons; largely repealed in 1987
A Federal Communications Commission requirement for broadcasters who air programs on controversial issues to provide time for opposing views; the FCC ceased ending this doctrine in 1985 |
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