Unit 7

Civil Liberties

Freedoms that the government cannot take away (e.g., speech, religion, due process).

Civil Rights

Protections against unfair treatment by individuals or the government.

Bill of Rights (1791)

The first 10 amendments that protect individual liberties from the federal government.

Barron v. Baltimore (1833)

ruled that the Bill of Rights applied only to the federal government, not states.

Gitlow v. New York (1925)

Case that began selective incorporation of the Bill of Rights to the states.

Freedom of Speech

The right to express ideas without government interference.

Clear and Present Danger Test

Speech can be limited if it creates a real, immediate threat.

Freedom of the Press

The right to publish information without government censorship.

Prior Restraint

Government censorship of material before publication (generally unconstitutional).

New York Times v. United States (1971)

ruled the government could not stop publication of the Pentagon Papers.

Hazelwood v. Kuhlmeier (1988)

Schools can limit school-sponsored student speech in certain cases.

Establishment Clause

Prohibits government from establishing or favoring a religion.

Engel v. Vitale (1962)

School-sponsored prayer in public schools is unconstitutional.

Lemon v. Kurtzman (1971)

Created test for government aid to religion (must not promote religion).

Reynolds v. United States (1879)

Religious practices can be limited if they violate law.

Habeas Corpus

Right to be brought before a judge after arrest.

Ex Post Facto Law

Laws that punish actions retroactively are unconstitutional.

Bill of Attainder

A law punishing a person without a trial.

Fourth Amendment

Protects against unreasonable searches and seizures.

Exclusionary Rule

Illegally obtained evidence cannot be used in court.

Mapp v. Ohio (1961)

Applied exclusionary rule to the states.

Sixth Amendment

Guarantees right to counsel and a fair trial.

Speedy and Public Trial

Right to a timely and open court trial.

Gideon v. Wainwright (1963)

States must provide lawyers for defendants who cannot afford one.

Miranda Rights

Right to remain silent and have an attorney during police interrogation.

Miranda v. Arizona

Required police to inform suspects of their rights.

Right to Privacy

Implied constitutional right protecting personal decisions.

Griswold v. Connecticut (1965)

Established privacy rights involving contraception.

Roe v. Wade (1973)

Legalized abortion nationwide (later overturned but historically important).

13th Amendment

Abolished slavery.

14th Amendment

Citizenship, due process, and equal protection under the law.

15th Amendment

Voting rights cannot be denied based on race (for men initially).

Brown v. Board of Education (1954)

Declared school segregation unconstitutional.

Civil Rights Act of 1964

Ended segregation in public places and banned job discrimination.

Voting Rights Act of 1965

Banned literacy tests and protected voting access.

24th Amendment

Abolished poll taxes in federal elections.

Seneca Falls Convention (1848)

Beginning of the women’s rights movement in the U.S.

19th Amendment (1920)

Gave women the right to vote.

Equal Rights Amendment (1972)

Proposed amendment for gender equality (not ratified).

Title IX (1972)

Bans sex discrimination in federally funded education programs.

Affirmative Action

Policies aimed at addressing past discrimination and increasing opportunity.

Regents v. Bakke (1978)

Ruled quotas unconstitutional but allowed race as one factor in admissions.

Selective Incorporation

Process of applying the Bill of Rights to the states through the 14th Amendment.

Incorporation Doctrine

The legal principle that most Bill of Rights protections apply to states.

14th Amendment and Incorporation

Used as the constitutional basis for applying rights to state governments.

Equal Protection Clause

Requires states to treat people equally under the law.