AP Gov: Civil Rights & Liberties

Engel v Vitale

violation of establishment clause; state-sponsored prayer in schools is unconstitutional

Wisconsin v. Yoder

Wisconsin law violated free exercise of Amish religion

Tinker v. Des Moines

- symbolic speech (of a political nature) is protected

- Speech isn't protected if it materially & substantially interferes with the operation of the school

Morse v. Frederick

- student held up sign "Bong Hits 4 Jesus" and got suspended

- school-sponsored functions can limit speech and censor messages promoting illegal drug use

Bethel School District v. Fraser

lewd or obscene language isn't protected speech

New Jersey v. TLO

- probable cause is the standard outside of school; reasonable suspicion is inside school; suspicionless searches must be random

- public school officials can search students' belongings (purse) w/o warrant if they have reasonable suspicion

Goss v. Lopez

suspensions w/o hearings violate student's due process rights; due process can't be taken away w/o minimum procedure

Westside Schools v. Mergens

- religious clubs can meet on campus

- If one student-interest club is allowed, others must be allowed

- Teachers must be passive member

Hazelwood v. Kulmier

- schools can censor as long as censorship is "reasonably related to pedagogical concerns"

- Can censor publications (theatre, yearbook, grad speeches, etc.)

Vernonia School District v. Acton

- limited invasion of privacy (showers, physical, locker room)

- Board of Education v. Earls: any extracurricular activity can be tested

Mahoney School District v. BL

speech is protected off-campus unless it causes a "substantial disruption" or threatens to harm someone

Morse v. Frederick (Bong Hits 4 Jesus)

school-sponsored functions can limit speech and censor messages promoting illegal drug use

Watt v. US

not a "true" threat; political hyperbole; LBJ

Gideon v. Wainwright

6th amendment's right to lawyer (provided by state to poor); applies to states via 14th amendment's equal protection clause

Schenck v. US

- WWI pamphlets incited unlawful action (actively encouraging men to avoid draft)

- created a clear and present danger to American society

- violated Espionage act (outlaw hindrances to military recruitment)

New York Times v. US

Pentagon papers leaked prez's lies about Vietnam war; Nixon invoked prior restraint on publication of papers to protect national security; established that a real & imminent threat needs to be being prevented

McDonald v. Chicago

- argued Chicago's restrictive handgun laws infringed on rights to own guns in states

- states cannot band handguns for self-defense in the home

- Selective incorporation: court applied civil liberties in BOR to states

Roe v. Wade

- restrictive abortion laws in TX violated constitutional right to privacy (rights to make decisions about her own body)

- There's a balance to strike b/t a woman's right to privacy & the state's interest in the child's life (based on trimester)

Citizens United v. FEC

govt can't limit independent political spending by corporations under free speech clause of 1st amendment

NYT v. Sullivan

public officials must prove "actual malice" to win a libel case against press

Barron v. Baltimore

- wharf became unusable due to sand accumulation caused by city construction projects

- 5th amendment (taking private property without just compensation) from BOR doesn't apply to states

Gitlow v. New York

applies 1st Amendment free speech/press rights to the states through the 14th Amendment

Bill of Rights

liberties outlined to protect citizens from intrusion by federal government

George Mason

antifederalist who protested Constitution's lack of BOR

James Madison

federalist who argued no BOR is necessary bc a free govt by the people had no right to trample of civil liberties

2nd

keep and bear arms

3rd

no forced quartering soldiers in homes

4th

- protects against unreasonable search and seizure

- Requires probable cause and warrants

5th

- rights of citizens when they're accused of crimes

- No 3rd degree or coerced confession

- Right to counsel (have attorney present to protect against self-incrimination)

- Remain silent (self-incrimination)

- Double jeopardy

- Due process

- Just compensation when private property is taken for public use

6th

- explains process a person is accused of a crime & the protections they have

- Speedy and public trial

- impartial jury

- Obtain and confront witnesses

- Informed of Accusation

- Grand jury or prosecutor weighs evidence

7th

right to trial by jury in certain civil cases

8th

protects against cruel & unusual punishment, excessive bail, & excessive fines

9th

protection of rights not explicitly listed in Constitution (privacy, appeal)

10th

powers not delegated to federal government are reserved to states

Total incorporation

idea that all rights in BOR should automatically apply to states (not adopted)

Selective incorporation

- on a case by case basis, fundamental rights are selected through the due process clause of 14th amendment to protect against state abuses

- Not incorporated: 3,7,9,10

- Partially not incorporated: 5,8

- what we use

Due process clause

state govts must follow fair procedures before depriving life, liberty, or property

1st

- freedom of speech, religion, press, assembly, petition

- Applies to GOVERNMENT censorship of speech; if your landlord, a private individual, prevents you from putting up a flyer, isn't a violation

- Hate speech is protected

Freedom of expression

speech, press, petition

Establishment clause

- protects against government requiring a religion

- seperation of church & state

Free exercise clause

protects individuals to express their beliefs; religious freedom

Speech regulations

- Don't restrict actual words being said, only time, place, & manner

- High bar for govt to silence offensive speech

Defamation

false speech used to harm someone's reputation; almost never protected

Libel

untrue written statement

Slander

untrue spoken expression

Clear and present danger rule

speech posing an immediate & serious threat to national security isn't protected

Brandenburg test

makes clear distinction b/t intent of speech and its likelihood to incite lawless action; raised bar for govt to silence speech

Limitations of speech

Blackmail

Lying under oath

"True" threats

Incite imminent lawless action (context matters)

Obscenity (doesn't include nudity)

Copyright

Prior restraint

govt suppression of material prior to publication if endangers national security (high standard)

Civil liberties

- individual protections of fundamental rights from govt

- Natural rights

- Mostly BOR: 1,4,6

Civil rights

- group guarantees and freedoms by govt of equal rights & fair treatment under the law

- everyone has equal access to civil liberties

- Often involve discrimination issues

- Mostly outside of BOR: due process & equal protection clauses (14) reconstruction amendments (13,14,15), voting (15,19,24,26)

Letter from Birmingham Jail

- In response to white clergy urging patience

- Nonviolent action & civil disobedience

- Freedom must be demanded by the oppressed; unjust laws must be challenged

Rights of accused

- 4,5,6,8

- Right to attorney, speedy trial, jury trial, protection from self-incrimination & cruel and unusual punishment

14th amendment

Due process + equal protection clauses (applies rights to states)

Exclusionary rule

- evidence obtained illegally (violation of 4th) cant be used in court

right to privacy

- Not explicitly in Constitution

- Recognized in Griswold v. Connecticut.

- Protects personal decisions (marriage, contraception)

equal protection clause

Government must treat people equally under the law

Civil Rights Act of 1964

- outlawed discrimination based on race, color, religion, sex, or national origin

- abolished segregation in public accommodations, school, workforce

Voting Rights Act of 1965

- Banned literacy tests & poll taxes

- Dramatically increased Black voter registration

- illegal to discriminate voters

Civil Rights Act of 1968 (Fair housing act)

Banned discrimination in housing

Title IX

- Banned sex discrimination in schools receiving federal funding

- Expanded opportunities for women in education & athletics

De Jure Segregation

- racial discrimination by law

- ex: jim crow laws

de facto segregation

- racial segregation by personal choice/social factors

- Not written into law

- ex: schools with nearly all-minority student bodies due to neighborhood demographics

white primaries

Primary elections limited to white voters

Literacy Test

- Test requiring reading/writing to vote

- Used to suppress Black voters

Poll Tax

- primarily used in Southern states post-Reconstruction to disenfranchise African Americans

- fee required to vote

Grandfather Clause

- Allowed voting only if grandfather had voted before Civil War

- Excluded formerly enslaved people

Brown v. Board of Education

- seperate facilities violated equal protection clause of 14th

- overturned plessy v. ferguson precedent

Affirmative action

policies that favor groups that have been historically discriminated against

1st, 2nd, 4th, 8th amendment case selectively incorporated BOR in states

- 1st: gitlow v. new york

- 2nd: mcdonald v chicago

- 4th: mapp v. ohio: applied exclusionary rule to states

- 8th: robinson v. california: cruel & unusual punishment

5th amendment cases selectively incorporated BOR in states

- double jeapardy: benton v. maryland

- self-incrimination: malloy v. hogan

6th amendment cases selectively incorporated BOR in states

- washington v. texas: compel witnesses

- gideon v. wainwright