ap gov- civil liberties and rights

bill of rights

first ten amendments that establish civil liberties

civil liberties

individual rights protected by law from unjust governmental interference

social order

components of society working together to maintain status quo

individual freedom

rights needed by individuals to pursue life w/o governmental or other interference

selective incorporation

case-by-case incorporation of the bill of rights through the 14th amendment

first amendment

freedom of speech, press, religion, petition, assembly

establishment clause

congress cannot make law that imposes religion onto citizens

free exercise clause

congress cannot make a law that imposes people to exercise their religion in a specific fashion

engel v vitale

I amendment, establishment clause— mandatory prayer in schools not required anymore

wisconsin v yoder

I amendment, free exercise clause— amish people can pull children out of 8th grade because attendance of highschool is contrary to their beliefs

symbolic speech

like armbands with a peace sign, doesnt say

defamatory/offensive/obscene

not allowed to : spread lie through speech, violate community values, be lewd

tinker v des moines

I amendment, free speech— symbolic speech allowed, students dont lose constitutional rights when in a school, but it can be limited

time, manner, place

whats considered obscene at 9 am in des moines is not the same at 2 am in nyc, because everyones obscene there

clear and present danger

dont falsely yell fire in a crowded theater

schenck v united states

I amendment— encouraging young men to avoid draft was a danger

prior restraint

gov cant censor press before its publish, only afterwards can you sue for libel, security clearance violations or whatever

nyt v united states

I amendment, freedom of press— gov wanted to stop publication of pentagon papers, but they could not because of prior restraint.

second amendment

bear arm

micdonald v chicago

II amendment— selective incorporation says that own gun is individual right and not only gun to serve in militia moment

due process

you are entitled to a fair legal process

procedural due process

procedures of due process are protected by bill of rights

substantive due process

substance of due process should be protected, the spirit of the law. miranda rights isnt in constitution, but its not fair if it isnt

fourth amendment

cannot be searched w/o warrant

exclusionary rule

if evidence was found without a warrant, it cannot be used in trial

warrantless searches

cannot be searched w/o warrant, but if there is probable cause you can

bulk collection of metadata

bulk data is banned and data search is limited so limits are on searches

fourteenth amendment

rights of consitution apply to states and former slaves are protected

citizenship clause

anyone born in US is citizens

due process clause

due process cannot be denied by state

equal protection clause

everyone gets equal protection of rights from all governments

right to privacy

constitution does not say anything about this, but its recognized and respected

griswold v connecticut

married couples can access birth control because of procedural due process

roe v wade

substantive due process, griswold v conn precedent—womans right to choose abortion is private with physician

dobbs v jackson

overturns roe v wade— privacy not enforced by constitution

fifth amendment

i plead the fifth! no criminal should be forced to self incriminate

sixth amendment

trials are speedy and public, have impartial jury, and assistance of counsel

right to speedy and public trial

shouldnt have to wait in jail long time, gov held accountable so its public

impartial jury

jury cant be biased, innocent until proven guilty

assistance of counsel/right to legal counsel

ur at a disadvantage if you dont have one, most likeyl will lose the trial

gideon v wainwright

IV amendment, right to legal counsel— man accused of robbing pool hall and found guilty, filed saying its not fair i dont have counsel, got counsel and was innocent

miranda warning

they have to say that you have the right to remain silent and if you cant afford an attorney you have one

eighth amendment

excessive bail NO, no big fines, and no cruel or unusual punishment

cruel or unusual

court decides what its considered, death penalty not according to court

civil rights movement

social movement to gain legal and political rights for black people

social movements

womens suffrage, tempreance, lgbtq, blm. large informal gatherings of individuals working together on a specific issue to do something about social temperance

civil rights

rights you expect to receive as a citizen and the protection of the gov to defend those rights

brown v board

XIV amendment equal protection— challenged segregation in public schools

seperate but equal doctrine

plessy v ferguson, separate but equal doesn’t violate 14th amendment

letter from a birmingham jail

protested in most segregated city, mlk did. he was arrested and believed that direct action was necessary because negotiation was not made possible

civil rights act 1964

equal protection in 14th amendment, outlawed discrimination based on race gender national origion or religion, outlawed discrimination in employment and public accommodations like water fountains.

voting rights act of 1965

protect a citizens right to vote, outlawed discriminatory exam requirements like literacy tests or grandfather clauses or poll taxes, set up federal officers to register voters, and some states had to do something to change rules

affirmative action

providing equal access to groups that have been historically excluded or underrepresented such as women and minorities

womens rights movement

19th amendment, then became equality in workplace

title IX of education amendments act of 1972

if school takes federal funds, they must provide equal opportunities to women like sports

national organization for women NOW

initerest group that advocates for womens rights and is prochoice

prolife

focuses on limiting the need for and access to abortion

lgbtq rights

protection in the workplace, right to serve in military, and marriage equality