Unit 3: Civil Rights and Civil Liberties Test Review

1. Schenck v. United States: 1st Amendment freedom of speech issue

• Facts: Schenck encouraged people not to register for the draft/protested the war, and was arrested for doing so

• Question: Did Schenck’s anti-draft speech break the law, or was it protected by freedom of speech?

• Holding/Reasoning: Upheld the United States because they were able to prove that Schenck’s speech was a clear and present danger (caused fear)

• Precedent: Everyone has freedom of speech unless they are inciting fear

2. Tinker v. Des Moines Independent Community School District: 1st Amendment freedom of speech issue

• Facts: Tinkers wore black armbands to school in protest of the Vietnam War and were suspended for doing so

• Question: Can schools stop students from peacefully expressing their opinions, or does it violate their freedom of speech rights?

• Holding/Reasoning: Upheld the Tinkers because their armband did not disrupt learning

• Precedent: As long as students do not cause disruption, they have the right of symbolic speech

3. New York Times Co. v. United States: 1st Amendment freedom of the press issue (misuse of prior restraint)

• Facts: United States tried to prevent information about the Vietnam War from being printed because it made them look bad

• Question: Can the government stop newspapers from publishing classified information, or would that violate freedom of the press?

• Holding/Reasoning: Upheld New York Times Co. because the information was not harmful, the government just did not like it because it made them look bad

• Precedent: Prior restraint can be used ONLY if there is some kind of harm to the American people

4. Engel vs. Vitale: 1st Amendment freedom of religion issue (establishment clause)

• Facts: New York school system held a voluntary prayer to start the school day

• Question: Did the voluntary prayer violate the Establishment Clause?

• Holding/Reasoning: Upheld Engel because no separation between church and state could be found, and it seemed as if the school system was endorsing religion.

• Precedent: Public schools cannot have endorsed prayer.

5. Wisconsin v. Yoder: 1st Amendment freedom of religion issue (free exercise clause)

• Facts: Yoder was prosecuted because they had violated the Wisconsin law about school attendance

• Question: Can the government make Amish children go to school past 8th grade, or does it violate the Free Exercise Clause?

• Holding/Reasoning: Upheld Yoder because there is no injury to students by taking them out of school early

• Precedent: A state cannot interfere with the practice of religion, unless there is some kind of injury that can be proven

6. McDonald v. Chicago: 2nd Amendment right to bear arms issue

• Facts: City of Chicago told McDonald he could not purchase a handgun

• Question: Does the 2nd Amendment right to own guns apply to state and local governments, or just the federal government? If so, does this violate the Due Process Clause?

• Holding/Reasoning: Upheld McDonald because the 14th Amendment applies to the states (selective incorporation)

• Precedent: States have to adhere to the national Bill of Rights and cannot ban 2nd Amendment rights

7. Gideon v. Wainwright: 6th Amendment right to an attorney issue

•  Facts: Gideon was arrested for a criminal offense and was denied legal representation/attorney

• Question:  Does the government have to provide a free lawyer to people who can’t afford one in criminal cases?

• Holding/Reasoning: Upheld Gideon because the 14th Amendment gave due process rights, and Gideon did not receive them

• Precedent: States must appoint attorneys to defendants charged with a criminal case. This brought attention to public defenders

1. Brown v. Board of Education: 14th Amendment equal protection clause issue

• Facts: Brown was not allowed to go to a white school much closer to her home

• Question: Does racial segregation in public schools violate the Equal Protection Clause of the 14th Amendment?

• Holding/Reasoning: Upheld Brown because segregated schools created a sense of inferiority

• Precedent: States were not allowed to have segregation in schools and had to desegregate schools

1. civil liberties: fundamental rights and freedoms protected from infringement by the government

   1. Who do they protect us from? - The government

2. civil rights: protections from discrimination as a member of a particular group

3. selective incorporation: the piecemeal process through which the Supreme Court has affirmed that almost all of the protections in the Bill of Rights also apply to state governments

   1. To which level of government did the Bill of Rights initially apply? - Only the federal government

4. establishment clause: 1st Amendment protection against the government requiring citizens to join or support a religion

   1. In which amendment is it found? - 1st Amendment

5. free exercise clause: 1st Amendment protection of the rights of individuals to exercise and express their religious beliefs

   1. In which amendment is it found? - 1st Amendment

6. equal protection clause: clause of the 14th Amendment that has been used to protect the civil rights of Americans from discrimination based on race, national origin, religion, gender, and other characteristics

   1. What case was it used in (from above)? - Brown v. Board of Education

7. civil liberties: fundamental rights and freedoms protected from infringement by the government

   1. Where are they found? - In the first 10 Amendments in the Bill of Rights in the Constitution

   2. How are they different from civil rights? - Civil liberties protect individuals from government infringement and ensure freedom, while civil rights focus on ensuring equal treatment and protecting from discrimination

8. freedom of expression: a fundamental right affirmed in the 1st Amendment to speak, publish, and protest

9. symbolic speech: protected expression in the form of images, signs, and other symbols

10. prior restraint: the suppression of material prior to publication the grounds that it might endanger national security

11. exclusionary rule: a rule that evidence obtained without a warrant is inadmissible in court

    1. In which amendment is it found? - 4th Amendment

    2. How is it different from probable cause? -The exclusionary rule prevents illegally obtained evidence from being used in court, while probable cause is the standard for determining if there is a reasonable belief that a crime has been committed or that there is evidence of criminal activity

12. due process clause: clause in the 14th Amendment that restricts state government from denying citizens their life, liberty, or property without legal safeguards

    1. In which amendment is it found? - 14th Amendment

13. affirmative action: policy designed to address the consequences of previous discrimination by providing special consideration to individuals based upon characteristics like race or gender

Miranda v. Arizona: Supreme Court ruled that suspects have the right to remain to silent and the right to an attorney (Miranda Rights)

1. First Amendment:

• freedom of speech

• freedom of assembly

• freedom of religion

• freedom of petition

• freedom of the press

2. Second Amendment:

• right to bear arms

3. Third Amendment:

• no quartering of troops

4. Fourth Amendment:

• no unreasonable searches and seizures

5. Fifth Amendment:

• due process

• no self-incrimination

• grand jury review

• no double jeopardy

• eminent domain

6. Sixth Amendment:

• speedy and public trial

• witnesses on own behalf

• impartial jury

• counsel

• know charges against you

7. Eighth Amendment:

• no cruel and unusual punishment

• bail

8. Ninth Amendment:

• guaranteed rights not specifically stated

9. Tenth Amendment:

• powers not delegated to the federal government are reserved to the states

10. 13^th Amendment:

• prohibited/ended slavery with the US 

11. 14^th Amendment:

• grants citizenship to all people born or naturalized in the US and places restrictions on state laws that sought to abridge the privileges and immunities of citizens of the US

• due process clause

• equal protection clause

12. 15^th Amendment:

• granted voting rights to African American men

13. 19th Amendment:

• granted voting rights to women

14. 24th Amendment:

• ended voting restrictions, specifically poll taxes

1. Title IX: legislation prohibiting sex discrimination in schools receiving federal aid, which increased female participation in sports programs

2. Civil Rights Act of 1964: legislation that outlawed racial segregation in schools and public places and authorized the attorney general to sue individual school districts that failed to desegregate

3. Voting Rights Act of 1965: legislation that outlawed literacy tests and authorized the Justice Department to send federal officers to register voters in uncooperative cities, countries, and states

4. Letter from Birmingham Jail (who wrote it, why): Written by MLK in response to the white clergymen of Birmingham, Alabama, because he wanted equal voting rights and was not happy with the church because which stayed silent and did nothing. They hid behind their church and ideals of religion instead of doing what their religion tells them to do.

Jim Crow laws (how did they limit civil rights): Jim Crow laws limited civil rights by segregating public facilities/places and participating in disenfranchisement practices such as poll taxes, literacy tests, grandfather clause, and white primary