AP Gov exam Unit 3: Civil Liberties and Civil Rights

bill of rights

The first ten amendments to the United States Constitution, which guarantee individual freedoms and rights such as freedom of speech, religion, and due process.

selective incorporation

The legal doctrine that ensures the Bill of Rights is applicable to the states through the 14th Amendment's Due Process Clause.

establishment clause

Part of the 1st Amendment that prohibits the government from establishing an official religion and protects the separation of church and state.

Engel v. Vitale

-NY school made students say a prayer each day

-Engel parents sued

RULING:The Supreme Court ruled that the school-sponsored prayer was unconstitutional, violating the Establishment Clause of the 1st Amendment.

DISSENTING OPINION: it’s fine because it’s voluntary

Free exercise clause

Part of the 1st Amendment that protects citizens' rights to practice their religion freely without government interfering

Wisconsin v Yoder

-Wisconsin law required children to attend school til 8th grade

-Yoder parents disagreed & sued

RULING: the law violated 1st Amendment Free exercise clause

DISSENTING OPINION: the state just wants to educate children

Lemon test

3 part test that determines if something violates the Establishment Clause of the 1st Amendment.

THINK: l‘E’mon —> the E stands for establishment clause

pure speech

common, verbal, oral

symbolic speech

Using actions and symbols rather than words to convey an idea

speech plus

using verbal and symbolic speech together

Schenck v. U.S.

-Schenck distributed anti-draft flyers during WW1

-RULING: gov can limit free speech when there is a "clear and present danger"

Tinker v Des Moines

-students protested Vietnam war by wearing armbands. THINK: “Let Da Minors Talk”

RULING: students do not lose their First Amendment rights at school. Established Tinker test.

defamation

written speech that ruins someone’s reputation (think d = documents = written)

slander

oral speech that ruins someone's reputation. (think s = saying things = oral)

prior restraint

government censorship of information before it is published or broadcast

New York Times v. U.S.

-New York Times tried to public pentagon papers

RULING: The government can't censor material before it's published (can't use prior restraint) unless it's dangerous
HINT: *No Yielding Tea v. Unless Suspicious

Mcdonald v. City of Chicago

Incorporated the 2nd Amendment right to bear arms to the states

DISSENTING OPINION: having it apply to states can pose a public safety issue

substantive due process

involves the policies of government or the subject matter of the laws that may affect fundamental rights and liberties (the actual laws that protect rights are fair)

procedural due process

the method of government action or how the law is carried out, according to established rules/procedures (what the gov does protects the rights of people)

Roe v. Wade

Legalized abortion nationwide, asserting women's right to privacy

Patriot Act

FBI can secretly do a search/wiretap without a warrant to get evidence

USA Freedom Act

reformed Patriot Act; limited the government's surveillance powers and increasing transparency.

Mapp v. Ohio

-police suspected Mapp was hiding someone in her house

-they searched and only found ponographic material which was illegal in Ohio

RULING: established the exclusionary rule; evidence illegally obtained by police may not be used against a defendant in court

Terry v. Ohio

RULING: Police can search and seize/frisk someone (terry stops) if they have probable cause/suspicion.

Miranda v. Arizona

-Miranda found guilty of rape and kidnapping

-he wasn’t informed of his rights while confessing

RULING: Police must inform suspects of their rights before questioning. Led to the creation of Miranda warnings "you have the right to remain silent..."

Gideon v. Wainwright

-Gideon could not afford an attorney

RULING: states must provide attourneys to defendants who are too poor to afford one

HINT: “Give Individuals Defense Ettourneys” (GIDE...)

Furman v. Georgia

-Furman convicted and sentenced to death for murder

-claimed the death penalty was applied unfairly

RULING: the death penalty was unconstitutional because it was imposed arbitrarily (randomly)

Plessy v. Ferguson

Established separate but equal clause; upheld racial segregation in public

Brown v. Board of Education

-black student was denied from going to a school she lived close to because of her race

-RULING: racial segregation in public schools was unconstitutional under 14th amendment Equal Protection clause, overturning Plessy v. Ferguson

Civil Rights Act of 1964

Legislation that outlawed discrimination based on race, color, religion, sex, or national origin. (hint: “Runners Can’t Run Saying NO”)

Voting Rights Act of 1965

banned literacy tests, and aimed to stop discriminatory voting practices against racial minorities.

Title lX of Education Amendment Act

prohibits sex-based discrimination in any school or educational program receiving federal funding

Letter from Birmingham Jail

written by MLK while imprisoned, advocating for nonviolent protest against racial segregation and injustice.

affirmitive action

a policy designed to improve opportunities for historically underrepresented groups, especially in education and employment.

Native American rights

refers to the legal and civil rights specifically granted to Native Americans, aimed at addressing historical injustices and ensuring equal treatment. different acts were passed that geared towards native american rights, e.x. Indian Civil Rights Act

Hispanic rights

refers to the legal and civil rights aimed at ensuring equal treatment and addressing discrimination against Hispanic Americans, promoting social and economic equity. Hispanics are the top fastest growing minority in the U.S.