AP Gov Unit 3: Civil Liberties and Civil Rights

speech with the highest protection

politiccal speech

types of protected speech

• political speech

• symbolic speech

types of unprotected speech

• commercial speech

• libel or slander

• fighting words

• obscenity

commercial speech

speech that promotes a commercial transaction (marlboro cigarettes)

test for libel and slander

• reckless disregard of truth (knew it was a lie or didn’t care if it was the truth)

• hurt the person

fighting words

words directed at an individual that are so offensive and normal person would fight them over it (disturbs the peace)

how do you determine if something is obscene speech

the miller test

steps of the miller test

• 1) does it appeal to a prurient interest

• 2) does it describe sexual conduct in an overtly offensive way

• 3) does it have any value to society (art, literary, scientific, etc.)

when is strict scrutiny applied

• when political speech is limited

• when there is racial discrimination

strict scrutiny test

• does the restriction serve a compelling state interest?

• is it the least restrictive means for fulfilling that interest?

preferred position

preferential placement of important issues - why the 1st amendment was placed first because free speech was very important and should not be restricted by government action

chilling effect

a situation where speech or conduct is suppressed by fear of punishment or legal repercussions due to overly vauge restrictions discouraging people from exercising their rights, particularly in relation to free speech - don’t know if its legal or not

prior restraint

government actions that prohibit speech or other expression before it can take place, often considered unconstitutional under the First Amendment

the government can limit the _______, __________, and ____________ of speech

time, place, manner

what did mapp v. ohio create

it created the exclusionary rule

the exclusionary rule

illegally obtained evidence cannot be used in court

what is the significance of miranda v. arizona

it established the miranda rights - the right to be informed of your rights (procedural due process)

what rights are read to you as your miranda rights

the right to remain silent, the right to an attorney, and the warning that anything said can be used against you in court

selective incorporation

a legal doctrine where the Supreme Court, through their interpretation of the 14th Amendment’s Due Process Clause, applies specific protections from the Bill of Rights to the states, ensuring that states cannot enact laws infringing on those rights

what type of discrimination does the equal protection clause ban

arbitrary discrimination not rooted in any meaningful state interest

what is the rational basis test used for

age discrimination

rational basis test

• is the discrimination rational and reasonable?

what is the heightened/medium scrutiny used for?

gender discrimination

heightened scrutiny test

• does the law serve an “important government objective?”

• does the discrimination help achieve the objective?

affirmative action

preferential treatment to minorities to promote equality

protected classes under the equal protection clause

• race

• sexual orientation

• gender

civil rights act of 1964

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

• ended segregation in public places and guarunteed equal access to public facilities

voting rights act of 1965

• prohibited states from imposing qualifications or practices to deny the right to vote on account of race (literacy test, grandfather clause, poll tax)

• made a “preclearance” requirement for states with a history of blocking voters based on race that required them to receive approval from the US attorney general before implementing changes to their voting procedues

civil rights act of 1968

also known as the fair housing act, outlawed discrimination in the sale, rental, and financing of housing based on race, religion, sex, and national origin

fifth amendment due process clause

the federal government cannot deprive any person of life, liberty, or property without due process

fourteenth amendment due process clause

state and local governments cannot deprive any person of life, liberty, or property without due process of the law

procedural due process

all of the steps that must be followed by the government to ensure fair treatment before depriving a person of life, liberty, or property

substantive due process

deals with the substance of a law that seeks to ensure that the laws themselves are fair and reasonable

civil rights

rights and protections guaranteed to certain groups to ensure equality and prevent discrimination

civil liberties

rights and freedoms guaranteed to individuals that are protected from governmental interference

what did the bill of rights used to only apply to?

the federal government

public interest

well-being of the general public

wall of separation

how religion and government are separated

establishment clause

prevents the federal government from establishing an official religion, and governing institutions cannot sanction, recognize, favor, or disregard any religion

free exercise clause

prevents governments from stopping or interfering in religious practices - individuals can practice their religion freely

lemon test

to avoid an excessive entanglements in religion, a policy must…

• serve a secular purpose

• have an effect that doesn’t enhance nor prohibit religion

• avoid creating a relationship between religious and government that entangles either in the internal affairs of the other

time, place, and manner test

• the restriction must not suppress the content of the expression

• the restriction must serve a significant government interest

• the restriction must be narrowly tailored and targeted to avoid spillover into other areas

• there must be adequate, alternative ways of expression, need other times, places, and manners

just compensation clause

states must award compensation when taking private property for public use (5th amendment due process)

imminent domain

the power of the state to seize private property for public use, with a requirement for just compensation

title IX

guaranteed women the same educational opportunities as men in programs receiving federal government funding