AP Government Chapter 4: Civil Liberties

civil liberties

the personal guarantees and freedoms that the government is supposed to protect

examples: freedom of speech, freedom of religion

civil rights

specifically listed legal guarantees that ensure every person receives equal treatment, equal social opportunities, and protection from discrimination under the law

How are civil liberties and civil rights similar and different?

Civil liberties protect people from government power and interference, while civil rights protect people from unfair discrimination and unequal treatment

bill of rights

first ten amendments from certain actions by the government: free speech, press, assembly, religion

• anti-federalists wanted a Bill of Rights because they were worried about the power of the national government

  • basically said that they don’t trust the federal government if they don’t write those protections down; they thought if they wrote down their rights the government couldn’t take them away

• the federalists didn’t think it was necessary, thought it could be dangerous, and would be difficult to enforce

1st amendment

protects the five basic freedoms

• religion, speech, the press, assembly, and petition

2nd amendment

protects the right of individuals to keep and bear arms

3rd amendment

stops the government from forcing private citizens to house soldiers in their homes

4th amendment

protects against unreasonable searches and seizures without a warrant or cause

5th amendment

gives people accused of crimes key protections against unfair government actions

6th amendment

gives people accused of a crime the right to a fair, public, and fast trial with a lawyer

7th amendment

guarantees the right to a jury trial in federal civil court cases involving disputes over money or property

8th amendment

prohibits excessive bail and cruel and unusual punishment

9th amendment

people have more rights than just the ones listed in the Constitution

10th amendment

any power not specifically given to the federal government by the Constitution belongs to the individual states or to the people

ninth amendment

just because a right isn’t specifically written in the Constitution doesn’t mean people don’t have that right

tenth amendment

reiterates that powers not delegated to the national government are reserved to the states or to the people

fourteenth amendment

granted citizenship to all persons born or naturalized in the US-including formerly enslaved people-and guaranteed them equal protection under the law

due process clause

says that the government must respect all legal rights that are owed to a person before it can take away their life, freedom, or property

substantive due process

the legal principle that the government’s laws and actions must be fair and reasonable, protecting fundamental liberties from government overreach even if the government uses fair procedures to enforce themthat protects certain rights deemed fundamental by the courts, preventing the government from infringing upon those rights.

sedition laws

laws that make it illegal to speak or write any political criticism that threaten to diminish respect for the government, its laws, or public officials

incorporation doctrine

A constitutional rule that applies parts of the Bill of Rights to state and local governments

selective incorporation

• a constitutional doctrine that allows the Supreme Court to apply certain rights from the Bill of Rights to state governments on a case-by-case basis through the Fourteenth Amendment

• More specific with its laws than incorporation doctrine

fundamental freedoms

Basic human rights and liberties that protect individuals from unfair government interference

Explain the circumstances in The Crown v. Zenger and how it was a precursor to freedom of the press laws.

• Zenger published an article in the newspaper criticizing Governor Cosby’s administration

• Cosby had Zenger arrested

• Zenger’s attorney argued that the government should not be able to punish someone for publishing truthful criticism of government officials

• the jury found zenger not guilty

• this ultimately established freedom of the press in America

Why were the 9th and 10th Amendments added?

9th: wanted to make it clear that if a law isn’t listed doesn’t mean you don’t follow it

10th: added to state that any laws that aren’t listed are provided to the states

What decision was reinforced in Barron v. Baltimore and how was this reversed by Gitlow v. New York?

• the Supreme Court initially decided in Barron v. Baltimore that the Bill of Rights did not apply to state governments

• this decision was later reversed in Gitlow v. New York, which established the principle of selective incorporation, allowing certain freedoms in the Bill of Rights to be applied to the states through the Fourteenth Amendment.

Why was the 14th Amendment added to the Constitution and how did its addition to the Constitution allow the Supreme Court to overturn precedent in Gitlow?

• Gitlow was a socialist who was arrested for distributing a “Left Wing Manifesto” (you stand for huge amounts of freedom where you basically have no government)

• Was arrested because he advocated for people to overthrow the government 

• Relation to the 14th amendment: no state shall deprive a person of life, liberty, or property and protects free speech and press from state laws

• the 14th Amendment was added to ensure that states could not infringe upon individual rights, including freedom of speech and press

What is substantive due process and how was it specifically applied to Gitlow?

the legal principle that the government's laws and actions must be fair and reasonable, protecting fundamental liberties from government overreach even if the government uses fair procedures to enforce them

• applied to Gitlow because it ruled that the First Amendment's freedom of speech and press apply to state governments, not just the federal government

first amendment

part of the Bill of Rights that imposes a number of restrictions on the federal government with respect to civil liberties, including freedom of religion, speech, press, assembly, and petition

• The five fundamental freedoms for people in the United States: religion, speech, the press, assembly, and the right to petition the government

establishment clause

the first clause of the First Amendment; it directs the national government not to sanction an official religion, the government will not interfere with the practice of their religion

• stops the government from setting up an official national religion or unfairly favoring one religion over another

free exercise clause

the second clause of the first amendment; it prohibits the US government from interfering with a citizen’s right to practice his or her religion

• People may receive military exemption if it goes against their religious beliefs

Lemon test

a test to determine if to determine whether a government action or law violates the Establishment Clause of the First Amendment

Explain the two parts of the freedom of religion as it is explained in the 1st Amendment.

establishment clause & free exercise clause

didn’t go over this in class

Provide examples in the American government that seem to contradict the establishment clause.

didn’t go over this in class

What are the 3 parts of the Lemon test?

1. Has a legitimate secular purpose

2. Neither advances nor inhibits religion 

3. Does not foster an excessive government entanglement with religion

What was decided in Engel v. Vitale and Abington School District v. Schempp?

court case in which the recitation of a brief, nondenominational prayer drafted by the school board was unconstitutional because it violated the First Amendment’s religious establishment clause 

• U.S. Supreme Court case that ruled state-sponsored prayer in public schools is unconstitutional

• Abington School District v. Schempp, the Court ruled that state mandated Bible reading or recitation of the Lord’s Prayer in public school classrooms was unconstitutional was also unconstitutional 

• The Court has also prohibited prayer at other public school events, such as graduations and sporting events

What has the Supreme Court allowed and forbidden in public schools?

didn’t go over this in class

McCreaey County v. ACLU

didn’t go over this in class

Van Order v. Perry

didn’t go over this in class

What is the legal situation of the Ten Commandments?

didn’t go over this in class

What was decided in Employment Division v. Smith?

Supreme Court decision that a state could deny unemployment benefits to American Indian employees who tested positive for peyote, which was categorized as an illegal drug, even though it was part of an age-old religious ceremony of the Native American Church. The Court found that this state action was not a violation of the free exercise clause

What has the court ruled in terms of the free exercise clause and conscientious objectors, prisoners, employer-sponsored insurance and contraception?

People may receive military exemption if it goes against their religious beliefs

prior restraint

a government action that prohibits speech or publication before it happens, the first amendment is intended to protect against this

Alien and Sedition Acts

laws passed in 1798 that allowed the imprisonment and deportation of aliens considered dangerous and criminalized false statements against the government

Espionage Act

makes it a crime to gather, share, or keep national defense information that could harm the United States or help a foreign country

clear and present danger test

if someone is acting that is acting in a way that would harm the country, we can restrict their rights

direct incitement test

the United States legal standard used to decide when the government can punish or ban speech that encourages a crime

• Example: don’t know if the KKK was one if they came to start a fight

symbolic speech

symbols, signs, and other methods of expression generally considered to be protected by the First Amendment

hate speech

federal laws don’t restrict hate speech

libel

false written statement that harms a person’s character

slander

untrue spoken statements that harm the character of a person

fighting words

a category of speech that is not protected by the First Amendment because they by their very utterance inflict injury or tend to incite an immediate breach of the peace

Is the freedom of speech and the press absolute? Explain your answer.

• No, hate speech isn’t allowed to be said, or if it could harm someone 

• You can’t just say whatever you want

Is the Alien and Sedition Act unconstitutional? Why or why not?

• potentially , but not 100%

• The government can’t say you can’t write something

• The first challenge of free speech and press being abridged occurred when the Alien and Sedition Acts were passed in 1798 which allowed the imprisonment and deportation of aliens considered dangerous and criminalized false statements against the government

What was occurring in the states prior to incorporation? Provide 2 examples.

• States could the restrict speech and press more freely 

• Establish state religions

Explain the circumstance and ruling in Schenk v. US.

• socialist activists Charles Schenck and Elizabeth Baer were arrested and convicted for mailing 15,000 anti-draft leaflets urging men to resist the World War I military draft

• The ruling unanimously ruled that the government may restrict free speech if it creates a "clear and present danger" of a substantive evil that Congress has the right to prevent

What is the difference between the clear and present danger test and the direct incitement test?

The clear and present danger test allows the government to ban speech that poses a serious threat of a bad outcome, while the stricter direct incitement test protects speech unless it specifically intends and it likely to produce immediate illegal action

What was decided in New York Times v. US and Nebraska Press Association v. Stuart and what effect do these decisions have on law?

New York Times v. US

• Strengthened freedom of the press 

• Made it difficult for the government to use restraints 

• Nixon wanted to prevent the NY Times and Washington post that were classified as apart of a defense apart program about the war in Vietnam and said restraint was necessary for security

• The effect was the loss for the defense department and gave NY Times more power 

Nebraska Press Association v. Stuart

• Nebraska state judge presided with a popular murder trial, entered an order restraining members of the press from broadcasting accounts of confessions made by the accused to the police 

• Some was already published, tried to prevent the rest from being published

What was initially established in Stromberg v. California and Tinker v. Des Moines? How has the decision in Tinker been redefined?

Stromberg v. California

• established that nonverbal, symbolic expression—such as displaying a red flag—is protected under the First and Fourteenth Amendments 

Tinker v. Des Moines

• Group of students held a meeting to show support a truce to the Vietnam war, wore black arm bands and fasted, the principals learned about this plan and asked about creating a policy that said they couldn't wear them and if they did they would be suspended

• The students families ended up suing the school because they couldn't represent what they believed in

• The court dismissed the case and said the kids have the right to express what they believe in, said the black bands represent freedom of speech

• The US Supreme Court established that public school students retain their First Amendment right to freedom of speech and expression while at school

• schools can only censor student speech if they can prove it would cause a "material and substantial disruption" to the educational environment or invade the rights of others

Explain the circumstances and rulings in RAV v. City of St. Paul.

made it a crime to engage in speech or action likely to arouse “anger,” “alarm,” or “resentment” on the basis of race, color, creed, religion, or gender 

• A white teenager who burned a cross on a Black family’s front lawn, thereby committing a hate crime under the ordinance, could not face charges under that law because the First Amendment prevents governments from “silencing speech on the basis of its content” 

• In 2003, after much criticism, the Court narrowed this definition, ruling that state governments could constitutionally restrict cross burning when it occurred with the intent of racial intimidation 

  • Federal law does not restrict hate speech 

What was the decision in Texas v. Johnson?

• This guy burns an american flag in front of the city hall saying he doesn't like the president

• There is a law in Texas that you can't burn the flag

• the US Supreme Court ruled that burning the American flag is a form of symbolic speech protected by the First Amendment

• This decision affirmed that the government cannot prohibit expression simply because it is offensive.

How have universities responded to the emergence of hate speech on college campuses in recent years?

• Colleges are more liberal

• Increased college campus police presence 

• Bringing in more experts in the field of hate speech

What 4 classifications of speech are not protected by the 1st Amendment?

• Libel 

• Slander 

• Fighting words

• Hate speech

In New York Times v. Sullivan what did the Supreme Court rule as it pertained to libel and slander of public officials?

first major libel case considered by Supreme Court

• An Alabama state court found the Times guilty of libel for printing a full page advertisement accusing Alabama officials of physically abusing Black people during various civil rights protests 

• The Supreme Court overturned the conviction and established that a finding of libel against a public official could stand only if “actual malice,” or a knowing disregard for the truth, was show

• Later, the Court ruled that even intentional infliction of emotional distress was not sufficient grounds for proving libel

What type of speech is considered fighting words?

hate speech? didn’t go over this in class

Describe the test for obscene material that was established in Miller v. California.

• Advertised a mass mailing campaign and tried to advertise pornography and convicted a law in in California of sharing pornography 

• People complained to the police 

• Selling pornography by mail 

• Decided the first amendment doesn’t protect this

How do local communities fit into the Supreme Court’s determination of obscene materials?

not allowed, community standards

In terms of the internet, why is it difficult to regulate obscene material and what has actually been banned?

• It’s hard to get things deleted from the internet because people can make their own copies 

• Things banned online: things to do with minors 

Why is Dejonge v. Oregon a landmark case in defining freedom of assembly? What is allowed to be regulated in terms of freedom of assembly?

• ruled peaceable assembly for lawful public discussion cannot be made a crime

If you sign a petition, can the organization collecting signatures publish the names of those who signed?

No, it is protected under the right to privacy.

18th amendment

prohibited the manufacture, sale, and transportation of alcoholic beverages in the United States.

What ideas and experiences formed the basis for the inclusion of the 2nd Amendment in the Constitution?

Protect themselves in case the government turns on them

Why were there very laws regulating guns before the 18th Amendment and why did the 18th Amendment change this situation?

didn’t go over in notes

How did US v. Miller change the government’s power to regulate firearms?

These two guys have an unregistered shot gun and says this violates their second amendment rights and say that you need to register your gun gun even if the amendment allows you to have one

Explain the decisions in DC. v. Heller and McDonald v. City of Chicago and explain how these have changed gun laws in America.

DC. v. Heller

• clarified the second amendment

• adopted new gun laws requiring gun registration and prohibiting assault weapons

• A US District Court ruled that these laws were valid

McDonald v. City of Chicago

• the Second Amendment right to keep and bear arms for self-defense applies to state and local governments

writs of habeas corpus

didn’t go over in notes

ex post facto laws

law that makes an act punishable as a crime even if the action was legal at the time it was committed

bills of attainder

 a law declaring an act illegal without a judicial trial

due process rights

constitutional guarantees that the government must treat people fairly and follow established legal rules before taking away their life, liberty, or property

procedural due process

didn’t go over in notes

fourth amendment

part of the bill of rights that protects people from unreasonable searches and seizures of their persons, houses, papers, and effects without a warrant from a judge, among other guarantees. Items found pursuant to an illegal search are to be prevented from use at trial according to what is called the exclusionary rule 

• The purpose of this amendment was to deny national authorities the right to conduct general searches of private property

• Police need warrant to search property

fifth amendment

provides a variety of guarantees protecting those charged with a crime

grand jury

a group of citizens charged with determining whether enough evidence exists for a case to go to trial

miranda rights

statements required of police that inform a suspect of their constitutional rights protected by the fifth amendment, including the right to an attorney provided by a court if the suspect cannot afford one

double jeopardy clause

protects individuals from being tried twice for the same crime in the same jurisdiction

exclusionary rule

prohibits police from using illegally seized evidence at trial

• example: if a police officer searchers your home illegally and finds something, that evidence can’t used in court

sixth amendment

guarantees essential rights for people accused of crimes in U.S. court trials

• Provides that a person accused of a crime shall enjoy the right to a speedy and public trial by the jury

capital cases

didn’t go over in notes

eighth amendment

prohibits “cruel and unusual punishments”

Explain the rights and liberties that are included in the original body of the Constitution.

didn’t go over in notes

What is required if police wish to search a person’s home and what are they limited to?

a warrant and have a reason to

Why are cars problematic when it comes to police searches?

• movable

• can be searched without a warrant under certain circumstances

What is the rule of thumb for police searches that require a search warrant.

didn’t go over in notes

Does “stop-and-frisk” violate substantive due process? Has it been found to violate procedural due process? See Terry v. Ohio and Floyd et al. v. City of New York.

didn’t go over in notes

Terry v. Ohio: Supreme Court decision that the Fourth Amendment is not violated if a police officer, acting on a reasonable suspicion, stops someone that they suspect is armed and dangerous and about to commit a crime and the officer has a reasonable belief that the suspect “may be armed and dangerous”

Describe situations when police do not need a search warrant

didn’t go over in notes

How is a grand jury used?

• a group of citizens charged with determining whether enough evidence exists for a case to go to trial

What is meant by “taking the fifth?”

didn’t go over in notes

What practices were found to be unconstitutional in regards to prisoners confessing to crimes?

didn’t go over in notes

Describe the circumstances, ruling, and effect on law that Miranda v. Arizona has had on America’s 5th Amendment rights.

• An 18 year old girl was kidnapped and raped on the outskirts of Phoenix

• Ten days later, police arrested Ernest Miranda, an impoverished man with a 9th grade education 

• The victim identified Miranda as her attacker

• When questioned, Miranda denied guilt but eventually confessed and wrote and signed a brief statement describing the crime and admitting his guilt

• At the time, the police didn’t tell him that he had to answer the questions without an attorney present

miranda rights: statements required of police that inform a suspect of their constitutional rights protected by the fifth amendment, including the right to an attorney provided by a court if the suspect cannot afford one

What does the double jeopardy clause of the 5th Amendment mean for those accused of a crime, and why is this not always the case?

protects individuals from being tried twice for the same crime in the same jurisdiction