Civil Liberties and Rights

civil liberties

Individual rights protected by the Constitution from government interference.

civil rights

Protections from discrimination based on characteristics like race, gender, or disability.

Bill of Rights

The first 10 amendments to the Constitution, guaranteeing civil liberties.

due process clause

Part of the 14th Amendment that guarantees fair legal procedures before the government can take life, liberty, or property.

selective incorporation

The process by which the Supreme Court applies parts of the Bill of Rights to the states using the 14th Amendment.

establishment clause

Prohibits the government from establishing an official religion.

free exercise clause

Protects individuals' rights to practice their religion freely.

Engel v. Vitale (1962) ruling

Mandated school prayer is unconstitutional under the establishment clause.

Wisconsin v. Yoder (1972) ruling

Amish families can't be forced to send kids to school beyond 8th grade; free exercise clause upheld.

First Amendment protections

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

limits to free speech

Speech can be limited if it incites violence or presents a "clear and present danger."

Schenck v. United States (1919) ruling

Speech that creates a "clear and present danger" is not protected (e.g., anti-draft flyers during wartime).

Tinker v. Des Moines (1969) ruling

Students have free speech rights in school as long as it doesn't disrupt the learning environment (armbands protected).

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

The government can't use prior restraint to prevent publication unless national security is truly at risk (Pentagon Papers case).

prior restraint

Government censorship of material before it is published; generally unconstitutional.

McDonald v. Chicago (2010) ruling

The Second Amendment right to bear arms is incorporated to the states.

District of Columbia v. Heller (2008) ruling

Individuals have a right to possess firearms unconnected to service in a militia.

exclusionary rule

Evidence obtained illegally cannot be used in court.

Mapp v. Ohio (1961) ruling

Applied the exclusionary rule to the states under the 4th Amendment.

4th Amendment protections

Unreasonable searches and seizures; requires warrants with probable cause.

Miranda rights

Rights read to suspects during arrest to inform them of their right to remain silent and to have an attorney.

Miranda v. Arizona (1966) ruling

Suspects must be informed of their rights before police questioning.

Gideon v. Wainwright (1963) ruling

States must provide attorneys to defendants who can't afford one (6th Amendment right to counsel).

8th Amendment protections

Excessive bail and fines; cruel and unusual punishment.

right to privacy

A judicially created principle inferred from several amendments in the Bill of Rights.

Roe v. Wade (1973) ruling

Legalized abortion based on the right to privacy under the 14th Amendment.

Brown v. Board of Education (1954) ruling

Overturned Plessy v. Ferguson; ruled that segregation in public schools is unconstitutional.

equal protection clause

Part of the 14th Amendment; prohibits states from denying equal protection of the laws.

Plessy v. Ferguson (1896) ruling

Upheld racial segregation under the 'separate but equal' doctrine.

Title IX provisions

Ban sex discrimination in any federally funded education program or activity, especially in athletics.

affirmative action

Policies that aim to improve opportunities for historically marginalized groups.

Regents of the University of California v. Bakke (1978) ruling

Race can be one factor in college admissions but quotas are unconstitutional.

civil disobedience and protest movements

Nonviolent refusal to follow unjust laws; used in civil rights and women's rights movements.

Civil Rights Act of 1964

Banned discrimination in public accommodations and employment based on race, color, religion, sex, or national origin.

Voting Rights Act of 1965

Prohibited racial discrimination in voting; outlawed literacy tests and allowed federal oversight.

impact of the Letter from Birmingham Jail

Martin Luther King Jr. defended nonviolent protest and called for moral responsibility to break unjust laws.