AP GOVERNMENT : UNIT 3 - Civil Liberties and Civil Rights

13-18% of the exam

Civil Liberties

Legal and constitutional rights that protect individuals from arbitrary acts of government.

• Freedom that are guaranteed- either by law, constitution, or judicial interpretation

• Involves basic freedom (speech and religion)

• Freedom of conscience, religion, and expression. (1st amendment)

What the government cannot do

Civil Rights

Policies designed to protect people against arbitrary or discrimination treatment by government officials and individuals

• include laws prohibiting racial, gender, physical, and religious discrimination

• protected by the clue process and equal protection clauses of 5th and 14th amendments and by the civil rights of national and state governments

Requires government actions

Basis of our civil Liberties

Protected rights in the original consititon

• Writ of habeas corpus: direct any officials having a person in custody to produce the prisoner in court and to explain why the prisoner is being held; can only be suspended during time of rebellion (Civil War)

• factor laws: Latin for ‘after the fact”, punishes a person for something was not a crime when he did it (retroactive punishment)

• Bills of attainder : an act that punishes a person without benefit of trial

Schenck v. United States (1919) [Background]

Schenck distributing leaflets (papers) to protest the draft of World War 1

Schenck v. United States (1919) [Constitutional Clause]

Freedom of Speech

• Protest as well

Schenck v. United States (1919) [SCOTUS Ruling]

United States Won, because of the war

• It did not violate the 1st amendment because of war time, it was a clear and endangerment 

Schenck v. United States (1919) [So What?]

Established a clear/ present danger doctrine

Engel v. Vitale (1962) [Background]

• New York regions school holding, prayers which is non-denominal 

• Parents complained a lot, showing a religion in a public school setting. 

Engel v. Vitale (1962) [Constitutional Clause]

Established clause of 1st amendment

Engel v. Vitale (1962) [SCOTUS Ruling]

States cannot hold prayers in public school

Engel v. Vitale (1962) [So What?]

Endorsing (supporting) prayer is not constitutional

Tinker v. Des Moines Independent Community School District (1969) [Background]

• Groups of students held a meeting

• One kid decided to show support on Vietnam War 

• Decided to wear black arm bands 

• Anyone who refused got suspended which kid protested

Tinker v. Des Moines Independent Community School District (1969) [Constitutional Clause]

First Amendment

• Freedom of speech 

• Students protest that the school officials could not violate the right of expression 

Tinker v. Des Moines Independent Community School District (1969) [SCOTUS Ruling]

First amendment

• Students did not lose their freedom of speech, entering school property 

• Students silent protest was a form of “pure speech” protected by the First amendment 

Tinker v. Des Moines Independent Community School District (1969) [So What?]

Students can protest as no distractions to school

Wisconsin v. Yoder (1972) [Background]

Kids under the age of 16 must go to school

• Yoder Family (Amish)

Wisconsin v. Yoder (1972) [Constituional Clause]

Free exercise - Clause of 1st amendment

Wisconsin v. Yoder (1972) [SCOTUS Ruling]

Compulsory attendance

• Law violated 1st amendment - Freedom of Religion 

• Yoder Won the case 

Wisconsin v. Yoder (1972) [So What?]

State v. Religion

• Precedent 

McDonald v. Chicago (2010) [Background]

• Chicago had a strict handgun ban

• Otis McDonald wanted a handgun for self-defense 

• After Heller recognized gun rights in D.C, McDonald argued the same right should apply to the states

McDonald v. Chicago (2010) [Constitutional Clause]

14th Amendment

• Due Process Clause (Selective incorporation)

McDonald v. Chicago (2010) [SCOTUS Ruling]

Second amendment - Fundamental rights 

• Chicago’s handgun ban was unconstitutional 

• Supreme Court ruled 5-4 for McDonald

McDonald v. Chicago (2010) [So What?]

Chicago’s ban struck down

Second Amendment applies nationwide

Expanded selective incorporation doctrine

The Bill of Rights

The first ten amendments to the United States constitution, guaranteeing fundamental rights

First Amendment

The right to freedom of speech, press, religion, assembly, and to petition the government - Apart of the Bill of Rights

Second Amendment

Protects the rights of the people to keep and bear arms - Apart of the Bill of Rights 

Fourth Amendment

Protects people from unreasonable searches and seizures by the government - Apart of the Bill of Rights

Eighth amendment

prohibits excessive bail and fines, and cruel and unusual punishments for those accused or convicted of a crime - Apart of the Bill of Rights

Selective Incorporation

A doctrine describing the ability of the federal government to prevent states from enacting laws that violate some of the basic constitutional rights of American citizen 

Due Process Clause of the 14th Amendment

Guarantees ‘due process of law” before the government may deprive someone of “life, liberty, or property” 

Fifth Amendment

Protect individuals from government overreach, including the right to a grand Jury indictment, protection against double Jeopardy, and the right against self-incrimination - Apart of the Bill of Rights 

Miranda Rule

Requires police to tell suspects in custody of their constitutional rights, before they are interrogated

Ninth Amendment

Limits the states from reducing any privileges or immunites of the United States government - Apart of the Bill of Rights

Griswold v. Connecticut (1965)

Supreme Court case, established the right to privacy for married couples, specifically their rights to use contraception

• Finding constitution contains implied rights to privacy

MLK’s “Letter from a Birmingham Jail”

A document where MLK justifies using non-violent direct action and Civil disobedience to end segregation, arguing that waiting for a change is not an option

Civil Rights Act of 1964

A landmark federal law that outlaws discrimination based on race, color, religion, sex, or national origin in public accommodations, employment and education

Title IX of education amendment of 1972

Prohibits sex discrimination in any education program or activity receiving federal financial assistance

The voting Rights Act of 1965

A landmark federal law that prohibits racial discrimination in voting 

Affirmative action

Policies designed to increase opportunities for historically disadvantaged groups in education and employment by addressing past discrimination

Third Amendment

No Solider shall in time of peace be quartered in any houses without the consent of the ownder

Sixth Amendment 

Right to a speedy trial

Seventh Amendment

Right to trial by Jury

Tenth Amendment

The powers not delegated to the United States by the constitution are reserved to the states / people

Free Press 

This right ensures that individuals, newspapers, and other media outlets may publish information and opinions without interference or censorship from the government. 

Who threatened the Press 

• Dictator 

• Heads of State 

• Trolls 

• Security Force 

• Violent - terrorists 

• Judges 

• Media Owners

New York Times Company v. United States [Background]

The Nixon admin tried to restrain the New York Times from publishing information about the United States’ involvement in the Vietnam War. Believed that it was a threat to National Security.

New York Times Company v. United States [Constitutional Clause]

Freedom of the Press, 1st Amendment

New York Times Company v. United States [SCOTUS Ruling]

Prior restraint is not justified; the New York Times post did not endanger national security. 

New York Times Company v. United States [So What?]

New York Time Wins, 

• Checks and balances, Judicial branch checking Executive Branch 

• Established precedent on prior restraint. 

Pior Restraint

The government cannot censor or block publication in advance except under extreme circumstances.