AP GOVERNMENT UNIT THREE

Civil Liberties

Individual freedoms protected by the Constitution from government interference (mainly from the Bill of Rights).

Bill of Rights

The first ten amendments to the U.S. Constitution that protect basic liberties.

Due Process Clause

Part of the 14th Amendment; ensures no state can deny life, liberty, or property without due process of law.

Selective Incorporation

The process by which the Supreme Court applies parts of the Bill of Rights to the states using the 14th Amendment.

Establishment Clause

Part of the 1st Amendment; prohibits the government from establishing a religion.

Free Exercise Clause

Also in the 1st Amendment; protects individuals’ rights to practice their religion freely.

Board of Education v. Allen (1968)

Allowed the state to loan textbooks to parochial (religious) schools; did not violate the Establishment Clause.

Engel v. Vitale (1962)

Banned school-sponsored prayer in public schools.

Lemon v. Kurtzman (1971)

Created the Lemon Test to determine if a law violates the Establishment Clause.

Wisconsin v. Yoder (1972)

Amish children couldn’t be forced to attend school past 8th grade; protected under Free Exercise Clause.

Employment Division v. Smith (1990)

States can deny unemployment benefits to someone fired for violating a law (drug use), even if for religious reasons.

Tinker v. Des Moines (1969)

Students have the right to symbolic speech in schools (armbands protesting Vietnam War).

Morse v. Frederick (2007)

Limited student free speech rights; “Bong Hits 4 Jesus” banner ruled not protected.

Brandenburg v. Ohio (1969)

Created the Brandenburg Test: speech can only be restricted if it incites imminent lawless action.

Schenck v. United States (1919)

Upheld restrictions on speech during wartime; created the Clear and Present Danger test.

De Jonge v. Oregon

Incorporated the right to peaceful assembly to the states.

NYT v. Sullivan (1964)

Public officials must prove actual malice to win a libel case.

NYT v. United States (1971)

Government could not use prior restraint to block publication of the Pentagon Papers.

Miller v. California (1973)

Established the Miller Test to define obscenity.

Mapp v. Ohio (1961)

Applied the Exclusionary Rule to states; illegally obtained evidence cannot be used in court.

Miranda v. Arizona (1966)

Established Miranda Rights: suspects must be informed of their rights before interrogation.

Griswold v. Connecticut (1965)

Recognized a right to privacy; struck down law banning contraceptives for married couples.

Eisenstadt v. Baird (1972)

Extended contraception rights to unmarried couples.

Lawrence v. Texas (2003)

Struck down sodomy laws; expanded privacy rights for LGBTQ individuals.

Roe v. Wade (1973)

Recognized a woman’s constitutional right to an abortion under right to privacy.

Dobbs v. Jackson Women’s Health (2022)

Overturned Roe; returned abortion regulation to the states.

D.C. v. Heller (2008)

Recognized individual’s right to bear arms for self-defense in federal jurisdictions.

McDonald v. Chicago (2010)

Incorporated the 2nd Amendment to states using the 14th Amendment.

Symbolic Speech

Nonverbal expression protected under the 1st Amendment.

Slander

Spoken defamation.

Libel

Written defamation.

Obscenity Laws

Laws regulating indecent materials; limited under 1st Amendment.

Prior Restraint

Government action preventing material from being published.

Espionage Act of 1917

Law that punished anti-war speech during WWI.

Clear and Present Danger Test

Speech that poses an immediate threat is not protected.

Ex Post Facto Laws

Laws that punish actions retroactively; unconstitutional.

Bills of Attainder

Laws that punish individuals without a trial; unconstitutional.

Procedural Due Process

Requires the government to follow fair procedures before depriving someone of life, liberty, or property.

Warrant

Legal document allowing law enforcement to conduct a search.

Probable Cause

Reasonable belief that a crime has been committed.

Exclusionary Rule

Evidence obtained illegally cannot be used in court.

Grand Jury

Group that decides if there is enough evidence for a trial.

Double Jeopardy

Being tried twice for the same crime; prohibited.

Miranda Rights

Rights read to suspects upon arrest, like the right to remain silent.

Civil Rights

Protections against discriminatory treatment by the government or individuals.

504 Sit-ins

Protests by disability rights activists to enforce Section 504 (disability protections).

ADA (1990)

Americans with Disabilities Act; prohibits discrimination against people with disabilities.

Dred Scott v. Sanford (1857)

Declared African Americans were not citizens; helped lead to Civil War.

13th Amendment

Abolished slavery.

14th Amendment

Established equal protection and due process clauses.

Equal Protection Clause

Requires states to treat all people equally under the law.

15th Amendment

Prohibits denying voting rights based on race.

Jim Crow Laws

State laws enforcing segregation in the South.

Plessy v. Ferguson (1896)

Upheld “separate but equal” doctrine.

Legal Segregation (De Jure)

Segregation enforced by law.

Brown v. Board of Education (1954)

Overturned Plessy; ruled school segregation unconstitutional.

De Facto Segregation

Segregation by practice or social conditions.

Swann v. Charlotte-Mecklenburg (1971)

Approved busing to integrate schools.

Milliken v. Bradley (1974)

Restricted busing across district lines; limited integration.

White Flight

Movement of white families out of areas with increasing minority populations.

Affirmative Action

Policies favoring groups that have faced discrimination.

Regents of the Univ. of California v. Bakke (1978)

Banned racial quotas but allowed race to be one factor in admissions.

Grutter v. Bollinger (2003)

Allowed race-conscious admissions at U. of Michigan Law School.

Fisher v. University of Texas at Austin (2013, 2016)

Upheld race as one factor in admissions.

Students for Fair Admissions v. UNC (2023)

Ended race-based affirmative action in college admissions.

Civil Disobedience

Nonviolent refusal to obey unjust laws.

Montgomery Bus Boycott (1955-56)

Rosa Parks’ arrest led to year-long boycott; major event in civil rights movement.

Letter from Birmingham Jail

MLK’s defense of civil disobedience.

Civil Rights Act of 1964

Banned discrimination in public places, employment, and education.

Voting Rights Act of 1965

Banned literacy tests; enforced voting rights protections.

19th Amendment

Gave women the right to vote.

NOW (National Organization for Women)

Women’s rights advocacy group.

Title IX (1972)

Prohibits sex discrimination in federally funded education programs.

ERA (Equal Rights Amendment)

Proposed amendment to guarantee equality regardless of sex; not ratified.

Title VII, Civil Rights Act (1964)

Bans employment discrimination based on race, color, religion, sex, or national origin.

Obergefell v. Hodges (2015)

Legalized same-sex marriage nationwide.