Unit 3 Civil Liberties and Civil Rights— Honors Gov

The Bill of Rights is the

First 10 amendments to the constitution

The Bill of rights protects

Civil liberties

1st amendment

Freedom of religion, speech, press, assembly, and petition

The 1st amendment right of freedom of religion is split into 2 clauses:

Establishment and Free-Exercise clause

The establishment clause 

Prohibits congress from establishing a national religion 

The establishment clause established what Jefferson called

A wall of separation between church and state

The Free- Exercise clause protects the rights of citizens to

Practice religion without government interference

4th amendment 

Right agains unreasonable search and seizure of personal property and effects without a warrant 

5th amendment

Protection against self-incrimination (Miranda rights)

6th Amendment

Due process

Free Speech is absolute 

False 

Free speech protects

Symbolic and non-symbolic speech

Free speech does not include

restricted speech

Restricted speech includes 

Time, place, and manner, Defamatory speech, and Offensive/ Obscene speech 

Time, Place, and Manner regulations say you can’t

shout fire in a theatre

Freedom of the press is absolute

False

The government has the power of prior restraint, which means that

The government can restrict the publication of a story prior to it being publication

Second amendment

Right to bear arms

The second amendment was created because the founders were afraid of tyranny and thought _____ _____ were the key to keeping it in check 

State militias 

Selective Incorporation

Process by which the Bill of Rights is applied to the states

The 14th amendment extends the _____ _____ to the states, making sure that some federal rights applied to the states

5th

This Supreme Court case applied the 4th amendment to the states 

Mapp v. Ohio 

The Miranda Rights came from this Supreme Court case

Miranda v. scotus

There is an exception to not telling a person their rights when

The officer is acting in the name of public safety

Substantive Due process states that the government can’t 

pass laws that infringe on fundamental rights, even if it follows fair procedures 

The rights to privacy has been established through the

1st, 3rd, 4th, 5th, 9th, and 14th amendments

This Supreme Court case established a right to privacy

Griswold v. Connecticut

Civil rights are protections that ensure Americans regardless of 

Race, religion, or Sex 

Civil rights try to apply rights to everyone through the

14th amendment’s due process and equal protection clause

This amendment gave women the right to vote

19th

National Right to Life Committee opposed 

abortion 

In Plessy v. Ferguson, the Supreme Court rules that segregation was

Constitutional if “separate but equal” facilities were provided

Civil rights act of 1964

Made it Illegal to discriminate based on race

Substantive Due Process 

Some basic liberties must be protected, even if not expressed in the constitution 

Voting Rights act of 1965

Made it Illegal to discriminate against voters

Title IX of Education Amendments act of 1972 ensured that

women had the same opportunities as men in federally-funded education programs

Affirmative Action are 

policies that favor groups the have been historically discriminated against 

De jure segregation

racial discrimination by law

De facto segregation

racial discrimination by choice

In cases where de jure segregation isn’t clear, SCOTUS has usually ruled 

against affirmative action 

Engel v. Vitale established that prayer in school was

illegal

In Engel v. Vitale, SCOTUS established that school prayer was illegal because of the

establishment clause

Engle v. Vitale sad that 

state-sponsored school prayers was unconstitutional 

In Wisconsin V. Yoder, SCOTUS said that keeping Amish kids in school violated the

Free- Exercise clause

In Wisconsin v. Yoder, SCOTUS ruled that it was legal for the Amish kids to not go to school because

It went against their beliefs and the kids could be exposed to influences against their religion

In Schenk v. U.S, Schenk was arrested under the 

Espionage act, which banned criticism of the government 

In Schenk v. U.S, the Supreme Court ruled for the U.S. because they said that

Schenk’s pamphlets incited illegal action which creates a clear and present danger

In Tinker v. Des Moines, the school banned kids from wearing armbands because

They said it would disrupt the learning environment

In Tinker v. Des Moines, the Supreme Court ruled for the students saying that 

the ban violated their 1st amendment to freedom of speech (symbolic)

In Tinker v. Des Moines, the Supreme Court ruled that schools have a duty to

keep peace in schools, but in this case there was no actual disruption from the armbands worn by the students

In NYT v. U.S., Nixon exercised ______ _______, saying that the papers failed to protect ____ ____

prior restraint, national security

In NYT v. U.S, SCOTUS cited a heavy presumption against prior restraint, meaning that 

There has to be a clear and high dancer to be able to censor the press, which is basically never 

In NYT V. U.S, SCOTUS ruled for NYT saying that

the freedom of the press had been violated

In McDonald v. Chicago, McDonald ruled that

Chicago’s handgun ban violated his second amendment rights

In McDonald v. U.S, SCOTUS ruled that the right to keep and bear arms was a

Fundamental right and thus applicable to the states

McDonald v. Chicago used ____ _____ and the 14th amendment’s _____ _____ clause

Selective Incorporation, due process

During McDonald v. Chicago, SCOTUS said that the second amdnemnt had a historical understanding that 

it was an individual right 

In Gideon v. Wainwright, SCOTUS ruled that

The right to counsel is a fundamental right and can therefore be selectively incorporated

The Gideon v. Wainwright decision selectively incorporated the ______ amendment through the ______ amendment

6th, 14th

MLK wrote the letter from Birmingham jail in response to 

white clergymen publishing a letter telling protesters to wait for sympathetic people to ‘take up their case’ 

In the letter from jail, MLK argues that

Protestors must take an active role (civil disobedience) to end racism

MLK’s letter from jail emphasized the ______ of the _____ ______ movement

urgency, civil rights

In Brown v. Board, SCOTUS ruled that separate schools are 

inherently unequal 

SCOTUS’s ruling in Brown v. Board effectively overturned their decision in

Plessy v. Ferguson

In Brown v. Board, SCOTUS ruled that segregation is always ______ _____ because of the 14th amendment’s _____ ____ clause

inherently unequal, equal protection

The balancing test is the court’s balance of 

Individual rights and liberties with society’s need for order and stability 

The free exercise clause states that the government can’t Deny religions expression unless they have

a compelling government interest interest

The court has 2 levels of scrutiny:

Strict and rational bias

Strict scrutiny is usually used when ruling on 

Beliefs 

Rational-Bias scrutiny is usually used when ruling on

Actions

Selective incorporation comes from the

14th amendment

The 14th amendment has 2 important clauses: 

Privileges and Immunities, and Due process 

The privileges and immunities clauses

guarantees rights to all states

The 14th amendment’s due process clause

Prohibits states from denying life, liberty, or property without due process

Amendments 5-8 protect 

People who are accused of a crime 

Procedural due process means that the government has to

follow certain rules and procedures

Procedural due process guarantees a

fundamentally fair, orderly, and just judicial proceeding 

Procedural due process is flexible depending on

the severity of the crime

Due process guarantees the right of

innocent unit prevent right

The public safety exemption states that officers can 

interrogate a suspect without informing them of their rights is they are in immediate danger 

Substantive due process states that

some basic liberties must be protected even if they are not expressed in the constitution

Substantive due process can be used if a law

violated fundamental rights