APGOV Unit 3

civil liberties

fundamental rights, protected by infringement from government

bill of rights

1st 10 amendments = 1787 debates over the necessity of such documents; article protections = habeus corpus, ex post facto, jury trials antifederalist argument (protection against tryanny)

freedom of speech

against the government; not protected = unhinged stuff for other purposes/libel (untrue written statements) and slander (spoken expression untrue) + obscenity/pornography (sexual activity + offensive manner)

right to bear arms

for a well regulated milita; necessary to free state security ( original consurn = feds imposing will with army )

4th amendment = search and seizure

patriot act is the exception; executive branch could connect with 3rd parties for metadata collection w/o warrant. 2015 usa freedom = amendmened (now, you need warrant); exclusionary rule = evidence obtained w/o warrant is inadmissible in court. loopholes = smelling weed (probable cause)

5 = due process federal government

prevents arbitrary government decisions to avoid abusvie taking of life, liberty, property; habeus corpus. ensures fair trial in democracy

miranda rights

based on 5th/6t amendment; public safety excpetion = if questioning nuetralizes a dangerous situation, the statement can be used as evidence even before miranda rights are read (right to remain silent, anything you say will be used against you, you have the rights to an attorney)

selective incorporation

piecemeal process by which constitutional rights are guaranteed at the state level (case brought on before SCOTUS + decided on); 1925 gitlow v new york (ny anarchy law for distributing newspaper, arguing for overthrow of gov); due process state clause (no STATE can deny life, liberty, due process of law)

amendments → selectively incorporated cases

2nd amendment (mcdonald v chicago), gideon v wainwright (6th amendment), mapp v ohio (4th amendment, exclusionary rule), miranda v arizona (5th amendment self-incrimination)

1st amendment establishement clause case

engel v vitale = school sponsored prayer violates establishment, children can opt out (engel = parent v state); selective incorporation means that state law violates federal law → ruled in favor of individual liberty w/ respect to religion; free exercise v supreme court (americans can hold any religious belief/practice it freely

regulation of free speech

CAN regulate time, place, manner; heavy burden placed on government to restrict speech in a public forum, protest. v public order has to be weighed

national security; wartime speech restricted based on clear and present danger

schenck v united states (1919); printed anti war leaflets for draft, encouraging men not to comply + free speech would create panic in this case, must be restricted

press and national security

prior restraint; supression of material prior to publication (on ground that it may endanger national security); this is based on the role of presidential power

NYT v united states

1st amdment freedom of press or nixons prior restraint? court ruled that nixon was invalid, bar for prior restraint is VERY high because of the press’ role in democracy

symbolic speech; protects expression through images, signs, symbols

tinker v des moines; john and mary tinker wore black armbands against vietnam war, students suspected → SCOTUS struck down school band, rights dont stop at school house (this created no substantial disruption)

levels of scrutiny w/ respect to selective incorporation

freedom of speech = under strict scrutiny (must prove compelling state interest behind the policy); intermediate scrutiny (must prove the law serves an important government objective, must prove the law is substantially related to achieving objective)

mcdonald v chicago, second amendment incorporation

restriction on handguns; SCOTUS overturned since 2nd amendment incorporation

rights of defendants

ex post facto = cant be tried for cream that wasnt illegal when you did it; bill sof attainder; law passed by congress punishing an individual without a trial; habeus corpus = know why youre being detained; procedural due process = judicial standard requiring that fairness be applied to all individuals; 5th amendment guarentees grand jury + miranda rights (miranda v. arizona), right to remain silent

gideon v wainwright, 6th amendment incorporation

giden smashed up pool house → florida siad they would only give representation for capital cases; SCOTUS principle = 6th amendment (accused should have counsel for defense, equal protection clause applied to states)

bill of rights implicitly protects privacy

1st, 3rd, 4th, 9th amendments

civil rights

liberation from discrimination, comes from legislation

letter from birmingham jail

illustrates how 14th amendment equal protection clasue motivates social movements (civil rights), nonviolent/direct action, state govs werefailing to uphold black rights under this clause (injustice anywhere applies anywhere, meticulous planning leads to targeted address); dissapointed w/ moderate, at least the kkk have a stance

congress acts regarding racial justice

civil rights act 1964; outlawed racial segregation in schools + public places, attorney general will sue segregated school districts; voting rights act of 1965 = outlaws literacy tests, authorizes justice dept to send federal officers to register voters in uncooperative cities, counties, states

19th amendment

right ot vote, 1960s kicked off changing laws regarding inequalities → NOW = national organization for women, civil rights act of 1964 supplemented this

public policy/womens rights

title 9 of the higher education amendments of 1972, prohibited sex discrimination in schools receiving federal aid, increased female participation in sports programs; proposed 1972 equal rights amendment for gender equality never got passed

jefferson wall between chruch and state

establishment, emblematic of thickening wall (congress should make no law establishing a religion or prohibiting free exercise)

engel v vitale in depth

1962, new york board of regents prayer + engel parents cahllenged, yes the prayer violates → preservation of individual liberties

wisconsin v yoder

amish families worried about worldly ideas → wisconsin law said they had to stay in school, yoder pleaded free exercise; wisconsin said interest in persistent education. However, SCOTUS ruled in favor of amish yoder, since established religion is integral to their way of life → rise in legal homeschooling

schenck v united states in depth

socialist party in philadelphia; anti war leaflets telling young men to avoid draft for ww1, court ruled his words werent protesting the draft, he was telling men to not join; clear, present threat ruled by brandenburg test (speech must have intended to incite lawless action and have a high liklihood to do so)

brandenburg test

for free speech; does it 1) intend to incite lawless action, 2) have a high liklihood of doing so

government response to social movements

abolishing segregation; racial segregation must be seperate but equal, like in schools. voting rights act was upheld on paper, majority-minority districts (majority district IS minority); cant dilute voting power of minorities

brown v board

brown (parent) and other advocates said racial segregation violates eq protection calseu, 14th amendment → instills inherent inferiority in black children (overturned plessy v ferguson precedent)

affirmative action

favors groups that have been historically discriminated, making sure marginalized are employed and not discriminated against; constitution is colorblind (makes no claims about race); de jure = racial discrimination by law (ruled against by brown v. board), de facto = racial segregation by choice (court rules against affirmative action)

for selective incorporation cases….

if its ruled for/against, there may be a violation in the BASE level amendment (not the 14th)