AP US Gov U3 Civil Rights and Civil Liberties

Civil Liberties

Constitutional protections against government power (what the government cannot do to you, e.g., free speech, religious freedom)

Civil Rights

Positive acts of government designed to protect individuals against discrimination and ensure equal protection under the law (e.g., voting rights, anti-discrimination laws)

Selective Incorporation

The judicial doctrine through which the Supreme Court uses the 14th Amendment’s Due Process Clause to apply most protections of the Bill of Rights to state and local governments on a case-by-case basis

The Bill of Rights

The first 10 amendments to the U.S. Constitution, added to satisfy Anti-Federalist demands for protection against federal tyranny

Barron v. Baltimore

SCOTUS case establishing that the Bill of Rights originally applied only to the national government, not the states

Establishment Clause

Clause in the 1st Amendment prohibiting the government from supporting an official state religion

Engel v. Vitale (1962)

SCOTUS case ruling that school-sponsored prayer in public schools violates the Establishment Clause

Free Exercise Clause

Clause in the 1st Amendment protecting citizens' rights to practice their religion as they please, subject to public safety limits

Wisconsin v. Yoder (1972)

SCOTUS case ruling that forcing Amish children to attend public school past 8th grade violates the Free Exercise Clause

Clear and Present Danger Standard

Legal standard allowing the government to restrict speech if it presents an immediate danger to public safety or security

Schenck v. United States (1919)

SCOTUS case ruling that speech creating a "clear and present danger" (such as urging draft resistance during wartime) is not protected by the 1st Amendment

Tinker v. Des Moines (1969)

SCOTUS case ruling that students retain free speech rights at school (e.g., wearing black armbands as symbolic speech) as long as it does not cause a substantial disruption

Prior Restraint

Government censorship of material before it is published

New York Times Co. v. United States (1971)

"Pentagon Papers" case establishing a heavy presumption against prior restraint unless the government proves publication causes a grave and immediate danger

Second Amendment

Amendment protecting an individual's right to keep and bear arms for self-defense

McDonald v. Chicago (2010)

SCOTUS case that incorporated the 2nd Amendment individual right to keep and bear arms to state and local governments

Rights of the Accused (4th, 5th, 6th, 8th Amendments)

Constitutional protections covering unreasonable search/seizure, exclusionary rule, self-incrimination, due process, counsel, speedy trial, and freedom from cruel and unusual punishment

Gideon v. Wainwright (1963)

SCOTUS case guaranteeing the right to an attorney for the poor in state felony criminal cases by incorporating the 6th Amendment

Right to Privacy

An implicit right derived from penumbras (shadows/implied zones) of the 1st, 3rd, 4th, and 9th Amendments via the 14th Amendment's Due Process Clause

Roe v. Wade (1973)

SCOTUS case protecting a woman's right to an abortion based on the right to privacy (overturned by Dobbs in 2022, but required AP curriculum case)

14th Amendment Equal Protection Clause

Clause serving as the primary legal foundation for civil rights movements and anti-discrimination protections

Letter from Birmingham Jail

Foundational document by Martin Luther King Jr. arguing for nonviolent direct action against segregation and the moral responsibility to break unjust laws

Civil Rights Act of 1964

Key federal legislation outlawing discrimination based on race, color, religion, sex, or national origin in public accommodations and employment

Voting Rights Act of 1965

Key federal legislation aimed at overcoming legal barriers at the state and local levels that prevented Black Americans from exercising their right to vote

Title IX of the Education Amendments

Key federal legislation prohibiting sex-based discrimination in any school or education program receiving federal financial assistance

Brown v. Board of Education (1954)

SCOTUS case ruling that "separate-but-equal" public schools violate the Equal Protection Clause

Procedural Due Process

Requirement that government bodies follow fair, established legal steps before depriving a person of life, liberty, or property

Substantive Due Process

Doctrine asserting that the content of laws must be fair and reasonable, protecting fundamental rights from government interference regardless of procedure

Symbolic Speech

Nonverbal expression—such as wearing symbols or burning a flag—that communicates a message and receives First Amendment protection

Time, Place, and Manner Restrictions

Content-neutral government regulations specifying when, where, and how free speech activities can occur

Libel and Slander

Unprotected categories of speech involving false statements that damage a person's reputation (written & spoken)

The Lemon Test

Three-part standard from Lemon v. Kurtzman used to judge whether government action violates the Establishment Clause

Exclusionary Rule

Legal principle prohibiting illegally gathered evidence from being used against a defendant in trial (established via Mapp v. Ohio)

Miranda Rule

Requirement that suspects in custody be advised of their 5th and 6th Amendment rights before police questioning (from Miranda v. Arizona)

Public Safety Exception

Exception allowing police to question a suspect before reading Miranda rights if there is an immediate threat to public safety

Strict Scrutiny

The highest level of judicial review applied to racial classifications, requiring government to show a compelling interest and a narrowly tailored law

De Jure Segregation

Racial segregation imposed directly by laws or explicit government policy

De Facto Segregation

Racial segregation resulting from residential housing patterns and socioeconomic factors rather than formal laws

Affirmative Action

Policies and programs intended to increase opportunities for historically marginalized groups in university admissions and employment

Civil Disobedience

The intentional, peaceful breaking of an unjust law to draw attention to injustice, as advocated in MLK's Letter from Birmingham Jail

Plessy v. Ferguson (1896)

SCOTUS case establishing the "separate but equal" doctrine, which justified racial segregation until being overturned by Brown v. Board