AP Gov Civil Liberties

What has the meaning of the Bill of Rights done over time?

Shifted from period to period because of vague language in it

14th Amendment Due Process Clause

Provides grounds for selective incorporation of Bill of Rights to the states

What was the first right in the Bill of Rights incorporated to the states?

Freedom of speech

How many amendments limit the power of the branches of national government?

Eight

What means of political expression are guaranteed in the Constitution?

Speech, peaceful protest

First Amendment

Guarantees freedom of speech, religion, assembly, and press

What speech is not protected under the first amendment?

Commercial speech, libel, slander, obscenity, fighting words

What are time place and manner restrictions?

Regulations on when, where, or how speech or protest may occur, the restrictions must be neutral of content of said speech

Miller v California

Ruled that books, films, or other expression is legally obscene if…

• The work as a whole tends to excite sexual desire

• Work offensively depicts or describes a form of sexual conduct

• Work lacks serious value

Near v Minnesota

Incorporated freedom of press to the states

Employment Division, Department of Human Resources v Smith

Allowed Oregon to deny unemployment benefits to 2 substance abuse counselors who were fired for using drugs for a religious practice

Right to privacy

Right of an individual to be left alone ad make decisions freely without interference

Exclusionary rule

Criminal procedural rule stating that evidence obtained illegally can’t be used in trial

Sixth Amendment

Establishes right to speedy trial, trial by jury, know charges against you, confront witnesses, and have legal counsel

What is the protection of civil liberties like in the US?

Constitution guarantees basic protections, but they are often tempered by other values and goal

What is the difference between civil liberties and civil rights?

Civil liberties are established by the constitution, protect people from government

Civil rights: Government actions that protect individuals from discrimination

What was the intention of the framers with the Bill of Rights?

To restrict the powers of the national government, not state governments

Barron v Baltimore

Barron sued Baltimore for property damage without just compensation, court ruled the 5th amendment only applied to the federal government

What were some punishments inflicted by British government for criticism?

Imprisonment, property confiscation, death

What Bill of Rights guarantees have not been incorporated to states?

No quartering soldiers, right to grand jury indictment, right to a jury in civil trials, no excessive fines or bail

What did Lincoln do during the Civil War that was unconstitutional?

Suspended habeas corpus

Schneck v US

Established clear and present danger test to determine if speech is protected under the first amendment

Smith Act

Criminalizes advocating for violent overthrow of the US government

Symbolic Speech

Non verbal speech such as flag burning, wearing a protest armband, or picketing

Texas v Johnson

Decided that flag burning was protected under the first amendment

What balance does society seek due the global war on terrorism?

Freedom and order

When is press censorship potentially justified?

To ensure public safety, national security, or in a case with obscenity

Establishment clause

First amendment clause that bars government from establishing a religion, does little to clarify the relationship between church and state

What is the rule on public funding of religious schools?

The government can fund religious schools as long as its for a secular purpose, prohibited for textbooks

Libel

False written statements that harm someone’s reputation

What are the religious clauses of the first amendment?

Establishment and free exercise

What do most Americans believe about the relationship between church and state?

There should be some degree of separation

Lemon v Kurtzman

Struck down state program that used cigarette taxes to reimburse religious schools

Engel v Vitale

Barred formalized prayer in schools

Griswold v Connecticut

Ruled CT couldn’t prohibit married couples from using birth control, established right to marital privacy

What are some social media related privacy concerns?

More people’s personal info is readily available, including financial, employment, and legal history, as well as concerns about government accessing info without a warrant

Free exercise clause

Prohibits the government from stopping an individual from practicing their religion

What are the amendment’s that deal with a criminal’s due process rights?

4th, 5th, 6th, and 8th

Miranda v Arizona

Court ruled that detainees must be informed of their right to remain silent

DC v Heller

Ruled that the second amendment protects and individuals right to bear arms

What has government surveillance been like since 9-11?

The government has increased ability and jurisdiction to invade citizens’ privacy 

Protect America Act

Gives government unprecedented power to conduct foreign surveillance without court involvement

Rendition

Secretly sending a foreign criminal suspect to be interrogated in a country with less strict laws on prisoner treatment

Habeas corpus

Requires government to justify detention of a prisoner to a judge

Selective incorporation

Incorporation of Bill of Right to the states on a case by case basis

Brandenburg v Ohio

Established the incitement test, speech is only restricted if it goes beyond mere advocacy and creates high likelihood of lawlessness