unit 3 gov

civil liberties

are basic freedoms that protect individuals from government overreach

due process clauses 5th/14th amendments

civil rights

protection clause of 14th amendment

are legal guarantees that protect individuals from discrimination and ensure equal treatment, groups have protection

due process

process government goes through before being able to take rights/like jail time

5th amendment (national gov specifically), sometimes 14th amendment but that is for the states

Right in competition

two valid constitutional rights conflict with each other, forcing the courts to decide which right takes priority in a specific situation

can happen with gov v. people or people v. people

ex- flock cameras something people disagree on

doctrin of selective incorperation

things from the constitution that are SELECTED to be put into the BOR, out of the amendments in the constitution they choose to select the fundamental rights that states gov must now follow also bc the constitution was made for the federal gov only to put into the bill of rights , used 14 amend to do this

what are some of the things not selected to always be protected

3rd amendment, grand juries in 5th amend, jury trial in civil cases 7th, bail in 8th amend

1st amendment

freedom speech/religion, this only from fed gov not from private places

Prior restraint

is a government action that prohibits speech, publication, or other expression before it actually happens. New York Times v. US 1971, government used the “gag order”-ppl cannot make public statements, but court did not agree that gov could hold NYT back from publishing unless it would put country in danger

hate/dangerous speech

schenck v. us 1919, “clear and present danger” was created from this case,

gov could restrict speech if it caused that, like yelling fire in public when there is no fire’

and brandengurg v. ohio “imminent and lawless action”

Brandenburg v. Ohio 1969

this case changed the ruling from schenck v. us from “clear and present danger” to “imminent lawless action” this ment that if someone said they or others going to do something illegal it can be looked at or get in trouble

freedom of speech- libel and slander

New york times v. sullivan 1974, actual malice-saying things untrue, (libel-witten) slander-said), not allowed to do this but when you are public figure it is hard to prove that people do it to you

freedom of speech- obscenity

obscene not protected, The Supreme Court says obscenity (extreme, hard-core sexual material) falls outside that protection, but anatomy in textbooks are protected for learning

freedom of speech- symbolic speech

this is doing stuff, tinker v. des monies-wearing arm bands to school to protest vietnam war or burning the flag-texas v. johnson 1989 case said they are allowed to do it

freedom of speech- “school speech”

people have some right of speech in schools. schools can limit things like the school newspaper.

The Free Exercise Clause

is the part of the First Amendment that protects people's rights to practice any religion, or no religion at all, without government interference

strict scrutiney standard

the most stringent and rigorous level of judicial review used by the Supreme Court to determine if a law is constitutional

always used in 1st amend and equal protection clause of 14th amend

freedom of religion is protected by

free exercise clause

Courts use strict scrutiny when a law limits basic rights like free speech or equal protection.

“Narrow Tailoring”: use the least restrictive means possible to reach that goal.

Narrow Tailoring: freedom of religion

The law must use the least restrictive means possible to reach that goal. If a milder option works, the law fails

sherbert v. verner 1963

unemployment compensation-when gov pays money to you while looking for a job and you have to take the job if you get accepted, this lady did not want to take the job bc it would make her work on the sabath and court agreed she did not have to take it

free exercise clause of 1st amend

employment division v. smith 1990

people took drugs (halusination) while at work bc they do it for their religion.

created neutral law of general applicability (government rule that applies to everyone and does not target any specific religion)

SCOTUS said they cannot do that bc it is bad for everyone, that law is what we use today

wisconsin v. Yoder 1972

compulsory school, adults didn’t want to send there kids to school after 8th grade bc of religion but wisconsin had law you had to till 16 yrs, but the court agreed they did not have to go to school

free exercise clause-1st amendment

establishment clause

gov maintains distance from religion

engel v. vitale 1962

establishment clause,“old wall of seperation”

school was allowing students to pray in mornings voluntary, and scotus said public schools cannot sponsor prayer even if voluntary to join

Kennedy v. bremerton school district 2022

free exercise/establishment clause blend together,

consideration of “historical practices/understandings”

end the lemon test (framework formerly used to see if a gov law/action violate Establishment Clause of 1st Amend)

judge if things are traditional/historical,

ruled public school football coach has a First Amendment right to offer a quiet personal prayer on the field after a game

2nd amendment

right to bear arms, led to ppl arguing “collective right” or individ rights”

district of columbia v. heller 2008

didnt incorporate 2nd amendment in argument, court decided its an indiviual rights to have guns, national gov it focuses on only and they cant stop but didnt apply to the states

Mcdonald v. chicago 2010

included 2nd amendment and said it was fundamental right that ppl have this right say STATES cannot take away this right

4th amendment

unreasonable searches and seizures w/o probably cause, warrant, oath, description of what will be found are not allowed

exclusionary rule

if evidence is found without a warrent then it cannot be used in trial,

Mapp v. Ohio 1961

says that states must now follow the exclusionary rule bc before it was just federal court

exceptions to the exclusionary rule

dont always need warrent for it to be consitutional like for emergencies (exigent), if theres good-faith-little errors written in the warrent, and inevitable discovery.

perspectives on evidence

“100 guiilty men go free than 1 innocent man go to prision for the night” is us rule, other places go by “the end justifies the means”

FISA courts

warrentless searches of “non-US ppl located abroad” bc security is too important at that point

6th amendment

impartial jury and assistance of council, speedy trial-only apply to fed gov

Gideon v. wainwright 1963 and progeny

now STATES are required to follow these rules from 6th amendment(right to counsel)

court did not give this man a layer and he was convicted and wrote from jail that is was not fair and court agreed

incorporate the equal protection clause from 14th amendment

letter of the law v. the spirit of the law

Strict adherence to the exact words, punctuation, and definitions written in a rule or statute.

Honoring the general meaning, fairness, and social values the rule was designed to protect.

the Scottsboro cases

Powelll v. alabama 1932

norris v. alabama 1935

Powell v. alabama 1932

9 black men accused of raping and the trial so fast there was not a fair trial to actually prove it

6th amendment , speedy trials cannot be to speedy,

violated 14th amend( due process also not followed)

norris v. alabama 1935

eliminating black jurors is prohibited,

6th amendment

violate equal protection clause of 14th amend

5th amendment

right to remain silent, Miranda v. Arizona- made cops have to list you these mirana rights before arresting you

idea of constitution “penumbras” and “emanations”

implied rights can be derived from the broader spirit of explicitly written constitutional guarantees like in BOR

“zones of privacy” from Griswold v. Connecticut (1965)

brown v. board of education 1954

got rid of segregation in public schools. equal protection clause of 14th amendment

got rid of “seperate but equal”

mlk letter from birmingham jail

he sent this letter while imprisoned for leading peaceful protests against racial segregation

an illustration of how the Equal Protection Clause of the 14th Amendment supported and motivated social movements

Civil Rights Act of 1964

made discrimination illegal based on race, origin, sex, religion everywhere

title vii of the CRA

stops discrimination in work base on gender

Title IX of the education amendment act

not allowed to discriminate based on gender in any education program that receives federal money

affirmative action

is a policy made to favor groups that have been historically discriminated against, finding inequality plans

what cases are under the first amendment freedom of speech specifically

NY times v. US, Schneck v. US, Brandenburg v. Ohio, NY times v. sullivan, tinker v. des moines, and texas v. johnson

what cases are under first amendment, freedom of religion specifically

sherbert v. verner, wisconsin v. yoder, employment division v. smith, engel v. vitale, kennedy v. bremerton school district

2nd amendment court cases

district of columbia v. heller (2008), mcdonald v. chicago (2010)

4th amendment court cases

Mapp v. ohio (1969) -exclusionary rule

6th amendment court cases

gideon v. wainwright, scottsboro cases- powell v. alabama 1932 and norris v. alabama 1935

Which of the following constitutional clauses was most relevant to the right to privacy?

due process clause

stare decesis

precedent