Unit 3: Civil Liberties and Civil Rights

What are civil liberties?

Protections against government actions (Bill of Rights)

What are civil rights?

Protections by the government to prevent discrimination and ensure equal treatment

What is the Bill of Rights?

The first 10 amendments to the Constitution, protecting individual freedoms

What is selective Incorporation?

The process of applying the Bill of RIghts to state governments using the 14th Amendment’s Due Process Clause

Which Supreme Court case began selective Incorporation?

Gitlow v. New York (1925) - incorporated freedom of speech to the states

What does the 1st Amendment protect?

Freedom of speech, press, religion, assembly, petition

• Establishment Clause - No official religion (separation of church and state )

• Free Exercise Clause - Protects religious practices

What does the 2nd Amendment protect?

Right to bear arms (debate over individual vs. milita rights)

What does the 3rd Amendment protect?

No solider shall, in time of peace be quarter in an hour without consent of the owner, nor in time of war, but in the manner to be prescribed by law.

What does the 4th Amendment protect?

No unreasonable searches and seizures; warrants require probable cause

What does the 5th Amendment protect?

• Due process

• No self-incrimination

• No double jeopardy

• Eminent domain

What does the 6th Amendment guarantee?

Guarantees the rights of individuals accused of crimes, ensuring a fair trial and the ability to defend themselves effectively. 

What does the 7th Amendment protect?

The right to a jury trial in civil cases in federal court

What does the 8th Amendment protect against?

Cruel and unusual punishments and excessive bail

What does the 9th Amendment state?

Unlisted rights still are protected (implied rights like privacy)

What does the 10th Amendment state?

Powers not given to the federal government belong to the state (reserved powers)

What did Plessy v. Ferguson 1896 establish?

“Separate but equal” doctrine, upheld segregation

What did Brown v. Board of Education 1954 establish?

Overturned Plessy v. Ferguson; ruled that racial segregation in public schools violates the Equal Protection Clause of the 14th Amendment

What is the incorporation Doctrine

The legal concept that the Bill of Rights applies to state governments through the 14th Amendment’s Due Process Clause

What is the significance of Gideon v. Wainwright

Guaranteed the right to an attorney for defendants in state courts under the 6th amendment

What was the ruling in Miranda v. Arizona

Established Miranda rights, requiring law enforcement to inform suspects of their rights to remain silent and to an attorney under the 5th and 6th amendments

What did TInker v. Des Mines rule

Protected symbolic Speech in schools, ruling that students do not lose their 1st Amendment rights at the schoolhouse gate

What is the “clear and present danger” test, and which case established it

A test to determine whether speech is protected or can be restricted; established in Schenck v. United States

What was the ruling in New York Times Co v. United States

Limited government censorship; ruled that the Nixon administration’s attempt to block the publication of the Pentagon Papers violated the 1st Amendment

What did Wisconsin v. Yoder decide

Ruled that compulsory school attendance laws violated Amish religious beliefs under the Free Exercise Clause of the 1st amendment

What was the decision in Roe v. Wade

Established a womans right to an abortion under the right of privacy, implied in the Due Process Clause of the 14th Amendment

What is “prior restraint”

Government censorship of material before publication; generally unconstitutional under the 1st amendment

What did Engel v. Vitale rule

Prohibited state-sponsored prayer in public schools under the Establishment Clause under the 1st Amendment

What does the Equal Protection Clause guarantee

Requires states to treat all individuals equally under the law, as stated in the 14th Amendment

What did the Civil Rights Act of 1964 do?

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

What did the Voting Rights Act of 1965 accomplish

Eliminated literacy tests and other barriers to African American voting rights

What did the Americans with Disabilities Act of 1990 Establish

Prohibited discrimination against individuals with disabilities and required accessibility in public facilities

What did Obergefell v. Hodges rule

Legalized same-sex marriage nationwide under the Equal Protection and Due Process Clauses of the 14th Amendment

What is the significance of Mcdonald v. Chicago

Incorporated the 2nd Amendment right to bear arms to state and local governments

What is the difference between de jure and de facto segreatin

De jure Segregation is legally enforced, while de facto segregating occurs due to societal factors like housing patterns

What did the 14th Amendment establish

Defined citizenship, required equal protection under the law, and applied due process to the states.

What is the Lemon Test, and which case established it

A test to determine whether a law violates the Establishment Clause; created in Lemon v. Kurtzman

What is affirmative action

Policies designed to address past discrimination by giving preference to historically disadvantaged groups in education and employment

What was the ruling in Regents of the University of California v. Bakke

Upheld affirmative action but struck down racial quotes are unconstitutional

What does the Due Process Clause of the 14th Amendment guarantee

Protects individuals from unfair government actions or laws that violate fundamental rights

What does the Establishment Clause prevent

Prevents the government from establishing an official religion or favoring one religion over anther

What are time, place, and manner restrictions

Regulations on free speech that must serve a significant government interest

What is the significance of Texas v. Johnson

Ruled that flag burning is a form of protected symbolic Speech under the 1st Amendment

What are some limits of free speech

Speech that incites violence, libel, slander, and threats that are not protected under the 1st Amendment

What did the Patriot Act do

Expanded government surveillance powers in response to terrorism, raising concerns about civil liberties

What did Griswold v. Connecticut establish

Recognized a right to privacy, striking down a law banning contraceptives

What is the Free Exercise Clause

Protects individuals rights to practice their religion freely, as long as it does not violate public safety or laws

What was the significance of Barron v. Baltimore

Ruled that the Bill of Rights only applied to the federal governments, not the states (before incorporation)

What is the significance of Shaw v. Reno

Ruled that racial gerrymandering must be closely scrutinized under the Equal Protection Clause

What does the 15th Amendment guarantee

Grants African American men the right to vote by prohibiting racial discrimination in voting

What does the 19th Amendment guarantee

Grants women the right to vote

What does the Due Process Clause prohibit?

prohibits states from depriving any person of life, liberty, or property without due process of law.