Unit 3: Civil Liberties and Civil Rights

Sixth Amendment

Right to a speedy, fair trial and a lawyer

Seventh Amendment

Right to civil suits

The Bill of Rights

First ten amendments to the US Constitution

Purpose of the Bill of Rights

Added to protect civil liberties from Government abuse

First Amendment

Speech, religion, press, petition, peaceful assembly

Second Amendment

Right to bear arms

Third Amendment

Against quartering troops in peacetime

Fourth Amendment

Against unlawful search and seizure

Fifth Amendment

Rights of the accused - formal charges presented, no double jeopardy, non self-incrimination

Eighth Amendment

Against excessive bail and cruel or unusual punishment

Ninth Amendment

Any other rights reserved to the people

Tenth Amendment

Powers reserved to the states

Civil Liberties

Conditionally established guarantees and freedoms that protect citizens, opinions, and property against arbitrary government interference

Establishment Clause

Congress shall make no law respecting an establishment of religion

Free Exercise Clause

Prohibiting the free exercise of religion

Tinker v. Des Moines (1962)

Prohibition against wearing armbands in public school violated students' freedom of speech protections

Time, Place and Manner Test

Limits on the time, place, and manner of expression

Obscenity

Miller Test applies to determine if material is obscene

Defamation

False statements designed to hurt someone's reputation

Libel

False printed statements to hurt someone's reputation

Slander

False spoken statements to hurt someone's reputation

Schenck v. US

Conviction under the Espionage Act did not violate First Amendment rights

Prior Restraint

Government preventing material from being published, typically unconstitutional

New York Times Co. v. US (1971)

Government did not overcome the presumption against prior restraint of the Press

Second Amendment Text

A well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed

U.S. v. Miller (1939)

Second amendment does not protect an individual's right to keep and bear a sawed-off double-barrel shotgun

District of Columbia v. Heller (2008)

Provisions restricting handguns violate the second amendment

Cruel and Unusual Punishment

Most cases deal with capital punishment

Selective Incorporation

The Bill of Rights applies to all states, not just the federal government

McDonald v. Chicago (2009)

Second Amendment right to keep and bear arms for self-defense is applicable to the states

Dissent

Justice that disagrees with the majority opinion.

14th Amendment

Protects liberties, but dissent argues firearm ownership is not a protected liberty.

Gitlow v. New York

Case involving limits on free speech regarding political advocacy.

Criminal Anarchy Law

New York law punishing advocacy for government overthrow.

Schenck case

Cited in Gitlow for government's ability to punish threats to existence.

Procedural Due Process

Ensures fair procedures when government burdens or deprives an individual.

Miranda Warning

Rights read to suspects upon arrest, established in Miranda v. Arizona.

Public Safety Inspection

Exception to Miranda warning requirement for immediate safety concerns.

Gideon v. Wainwright

Case establishing right to counsel for felony defendants in state courts.

Habeas Corpus

Legal petition challenging unlawful detention.

Exclusionary Rule

Prohibits evidence obtained in violation of the Fourth Amendment.

Mapp v. Ohio

Established the Exclusionary Rule at the state level.

Patriot Act

Post 9/11 law allowing government to acquire cell phone data without a warrant.

USA Freedom Act

Limits bulk collection of telecommunication metadata.

Unenumerated Rights

Rights not specifically stated in the Bill of Rights but protected.

Substantive Due Process

Addresses whether a law violates basic rights to life, liberty, or property.

Right to Privacy

Inferred from several amendments in the Bill of Rights.

Griswold v. Connecticut

Case establishing right to marital privacy regarding birth control.

3rd Amendment

Prohibits quartering of soldiers in private homes without consent.

4th Amendment

Protects the right to be secure in persons, houses, papers, and effects.

C Lee Burton

Gynecologist involved in challenging Connecticut's birth control law.

Estelle Griswold

Co-founder of birth control clinic challenging Connecticut law.

Marital Privacy

Constitutional right preventing state restrictions on contraception use.

Roe v. Wade (1973)

A case where the court ruled that a woman's right to terminate her pregnancy fell within the right to privacy protected by the 14th amendment.

Dobbs v. Jackson Women's Health Organization (2022)

A case that ruled the Constitution does not confer a right to abortion and overruled Roe v. Wade.

Civil Rights

Protection from discrimination on the basis of race, national origin, religion, sex, or sexual orientation.

Reconstruction Amendments

13th - Abolition of slavery (1865), 14th - Citizenship rights and equal protection (1868), 15th - Right to vote shall not be denied due to race (1870).

Dred Scott v. Sanford (1857)

A case that denied citizenship to African Americans and upheld slavery.

Plessy v. Ferguson (1896)

A case that established the 'separate but equal' doctrine.

Brown v. Board of Education (1954)

A case that ruled that separate educational facilities for racial minorities are inherently unequal.

Civil Rights Act of 1964

Legislation that banned discrimination in public accommodations and empowered the Attorney General to initiate lawsuits against noncompliance.

Voting Rights Act of 1965

Legislation that allowed federal oversight of elections in Southern states and ended literacy tests.

Majority-Minority Districts

Voting districts in which a minority group or groups make up a majority.

Title IX of the Educational Amendments Act of 1972

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

Affirmative Action

Considered 'reverse discrimination' against the majority to rectify past discrimination by the majority.

AFL-CIO v. Weber (1979)

A case that ruled a training program reserving spots for Black applicants was constitutional.

Grutter v. Bollinger (2003)

A case that upheld the use of affirmative action to promote diversity.

UC v. Bakke (1978)

A case that ruled race can be a consideration for college admissions but not the sole consideration.

Gratz v. Bollinger (2003)

A case that ruled adding points to college applications for underrepresented minorities was unconstitutional.

Ricci v. Bollinger (2003)

A case that ruled against automatically adding points to college applications for underrepresented minorities.

Students for Fair Admissions v. Harvard (2022)

A case that ruled admissions policies disadvantaging Asian and white applicants were unconstitutional.

Coverture

A legal doctrine where women had no identity separate from their husbands.

Failed Equal Rights Amendment

An amendment proposed in 1923 and 1972 that aimed to guarantee equal rights regardless of sex.

Seneca Falls Declaration of Sentiments & Resolutions (1848)

A document that initiated the women's rights movement in the United States.

19th Amendment (1920)

Granted women the right to vote in the United States.

National Organization of Women (1966)

An organization founded to advocate for women's rights and equality.

Don't Ask, Don't Tell (1993)

A policy that prohibited openly gay individuals from serving in the military.

Romer v. Evans (1996)

A case that ruled a Colorado amendment denying protection against discrimination based on sexual orientation was unconstitutional.

Lawrence v. Texas (2003)

A case that overturned Bowers v. Hardwick and allowed same-sex relations.

Obergefell v. Hodges (2015)

A case that ruled states must allow same-sex marriage.