AP GOV Unit 3

Civil Liberties

Rights & Freedoms guaranteed by the constitution that protect individuals from government interference and ensure basic freedoms.

Civil Rights

Protections from government for groups of citizen who might be discriminated against.

1st Amendment General Liberty Protections

• speech

• religion

• press

2nd Amendment General Liberty Protections

• bear arms

4th & 8th Amendment General Liberty Protections

• no unreasonable searches and seizures

• no excessive fines

• no cruel punishments

5th Amendment General Liberty Protections

• due process

6th & 7th Amendment General Liberty Protections

• speedy & public trial

• trial by jury

9th Amendment General Liberty Protections

• rights to individuals not explicitly stated in the constitution

10th Amendment General Liberty Protections

• rights to states not explicitly stated in the constitution

Free Exercise Clause

cannot inhibit the practice of someone’s religion

Establishment Clause

government can’t establish or support any one religion

Engel v. Vitale (1962)

ruled that state sponsored prayer in public schools was unconstitutional under the establishment clause

Wisconsin v. Yoder (1972)

Amish thought they shouldn’t be in school after the 8th grade, but that conflicted with Wisconsin law. Court ruled Yonder was right and enforcing kids to stay past the 8th grade violated the free exercise clause.

‘Symbolic Speech’

nonverbal acts that express a message and are protected under the 1st Amendment.

• Ex: flag burning

• wearing arm bands

• picketing

Tinker v. Des Moines Independent Community School District (1969)

Students wanted to wear black armbands to school in protest of the Vietnam War. The school district responded by banning the bands. The court ruled in favor of the students and established the “Tinker Test”.

Time, place, and manner regulation

regulates when, where, and how loud speech can be

Defamatory, offensive, and obscene statements and gestures

defamation is nearly never protected and can be “hard to define”

‘Clear and Present Danger’

a rule used to silence speech if it is deemed dangerous in anyway. Shanck v. US. Now Bandenburg Test

Prior Restraint

it seeks to restrain a story before its publication. this is very hard to do

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

NYT got a hold of classified documents. US tried to withhold them from publishing them (prior restraint), but NYT said that infringed on their 1st Amendment rights. Court ruled that they could publish them.

Metadata

all cell phone communication information minus the actual conversation. there is a debate on wether it is protected by the 4th amendment if the data comes from 3rd parties.

How the 2nd Amendments Interpretation has Changed over time

The government established that you have to register and place tax on certain guns. Then in 2008 gun laws became less strict saying that states couldn’t ban certain guns.

How the 8th Amendments Interpretation has Changed over time

Upheld the death penalty until 1972 when is was placed on a hold because they didn’t want to deprive citizens of their lives. Was reinstated in 1976, but states cannot make it mandatory by law for certain crimes.

Selective Incorporation

14th Amendment due process clause that says the states cannot deprive anyone of their liberties. Judicial decisions take in amendments and make decisions to have states not make laws that infringe on people’s rights (life, liberty, property)

McDonald v. Chicago (2010)

Chicago banned handguns. Heller said it infringed on 2nd Amendment rights. Found that the second amendment should apply to states because of the 14th Amendment

Due Process

fair treatment in courts based on known rights and correct legal procedures

Miranda Rule

police must inform suspects of their 5th and 6th amendment rights

Exclusionary Rule

evidence that is collected in violation of the 4th amendment can be excluded from cases

Patriot and USA Freedom Acts

requires the executive branch to acquire a warrant to examine metadata

Gideon v. Wainwright (1963)

when a man charged with a felony in Florida showed up to court without a lawyer, he requested one. Florida law only provided lawyers on capital cases. He had to represent himself and was found guilty. He appealed saying this was a violation of his 6th amendment rights. The court ruled in favor of Gideon saying the 6th amendment rights applied to states through the 14th amendment.

14th Amendment protection of privacy

due process says that the courts cannot deny citizens of their life, liberty (privacy) or property.

Roe v. Wade (1973)

argued that the state violated a woman’s broadly understood liberty by denying abortions

• overturned by Dobbs v. Jackson

Civil Rights Protection Against Discrimination

prohibit discrimination based on

• race

• religion

• sex

• national origin

• age

• disability level

• genetic information

Key Argument for MLK Jr’s ‘Letter from a Birmingham Jail”

the need for civil disobedience is appropriate response to injustice

Brown v. Board of Education (1954)

SCOTUS ruled that the “separate but equal” doctrine from Plessy v. Ferguson was unequal, striking down segregation in schools

The Civil Rights Act of 1964

prevented discrimination in employment, education, and federal elections and enabled federal enforcement of these guarantees. able to be passed by the commerce clause since it affected employment.

Title IX of the Education Amendments Act of 1972

guaranteed that women have similar educational opportunities as men in program receiving federal funding

The Voting Rights Act of 1965

empowered the federal government to oversee elections in southern states. Addressed states that used a “tester device” to determine voter qualification. Effectively ended literacy tests.

Affirmative Action

set of policies and practices designed to address historical and ongoing discrimination by taking proactive steps to ensure equality in eduction and employment

• cannot be used in college admissions under:

  • quota systems

  • point systems

• nothing that would give an extra advantage to a minority group