Civil Liberties

Key Vocabulary (Know These Cold)

  • Due Process of Law: The government must follow fair procedures before punishing someone. Found in the 5th and 14th Amendments.

  • Equal Protection of the Law: Part of the 14th Amendment—laws must treat everyone equally.

  • Selective Incorporation: The process where the Supreme Court applies parts of the Bill of Rights to the states using the 14th Amendment’s due process clause.

  • Freedom of Expression: The right to speak, publish, protest, and express opinions freely.

  • Freedom of Religion:

    • Free-Exercise Clause: You can practice any religion (or none) without government interference.

    • Establishment Clause: The government cannot favor or establish any religion.

  • Wall of Separation: A phrase (not in the Constitution) describing the separation of church and state.

  • Prior Restraint: The government can’t stop speech or publication before it happens—almost always unconstitutional (Near v. Minnesota).

  • Clear-and-Present-Danger Test: Speech can be punished if it creates a real and immediate danger (Schenck v. U.S., 1919).

  • Libel: False written statements that damage a person’s reputation. Hard to prove, especially for public figures (must show “actual malice”).

  • Symbolic Speech: Actions that express an idea (e.g., burning a flag, wearing armbands). Protected unless it incites illegal acts.

  • Exclusionary Rule: Evidence found illegally can’t be used in court (Mapp v. Ohio, 1961).

  • Search Warrant: A judge’s order authorizing a search. Police usually need this to search your property.

  • Probable Cause: Reasonable belief that a crime has been committed—needed for warrants.

  • Good-Faith Exception: If police mistakenly use a faulty warrant, but believe it’s valid, the evidence may still be used (U.S. v. Leon, 1984).

Important Topics and Cases

1.

Selective Incorporation

  • Incorporation uses the 14th Amendment to apply the Bill of Rights to states.

  • Not all rights were originally meant to apply to state laws.

  • Example: Gitlow v. New York (1925) began this process.

2.

Schenck v. United States (1919)

  • Schenck distributed anti-draft leaflets during WWI.

  • Supreme Court ruled against him, creating the clear-and-present-danger test.

  • Said speech is not protected if it causes immediate harm or threat.

3.

Unprotected Speech Types

  • Obscenity

  • Libel/Slander

  • Fighting Words (intended to provoke violence)

  • Incitement to illegal acts

4.

Speech Categories

  • Fully protected: Political speech, peaceful protest.

  • Limited protection: Commercial speech (advertising), symbolic speech.

  • No protection: Obscenity, true threats, libel.

5.

Protected vs. Unprotected Speech

  • You can criticize the government, protest, and express opinions.

  • You cannot incite violence, spread harmful lies, or show obscene materials.

6.

When Can Expression Be Restricted?

  • If it fails the clear-and-present-danger test.

  • If it’s obscene (fails the Miller Test: lacks value, is offensive, and violates local standards).

  • If it’s time/place/manner regulated (must be content-neutral).

7.

Libel Laws & Public Figures

  • To sue, public figures must prove:

    • The statement was false.

    • It was made with actual malice (knew it was false or showed reckless disregard).

8.

Flag Burning – Symbolic Speech

  • Texas v. Johnson (1989): Flag burning is protected symbolic speech.

  • Congress tried to ban it, but failed to pass a constitutional amendment.

9.

Establishment Clause – Banned Practices

Supreme Court says public schools/government can’t:

  • Require school prayer.

  • Read the Bible in class.

  • Teach creationism as science.

  • Fund religious activities directly.

  • Post the Ten Commandments.

  • Hold religious graduations.

  • Use public money for parochial teacher salaries.

10.

Lemon Test (Lemon v. Kurtzman)

Used to check if a law violates the Establishment Clause:

  1. Law must have a secular purpose.

  2. Its primary effect must neither advance nor inhibit religion.

  3. It must not cause excessive government entanglement with religion.

11.

Illegally Seized Evidence

Two main options courts use:

  • Exclusionary Rule: Evidence can’t be used.

  • Good-faith exception: Evidence can be used if police thought the warrant was valid.

12.

Warrantless Searches After Arrest

  • Police may search:

    • The person.

    • Items in immediate control (e.g., bag, car front seat).

    • Anything that might pose a danger or be destroyed.

13.

Miranda v. Arizona (1966)

  • Suspects must be told:

    • Right to remain silent.

    • Anything said can be used against them.

    • Right to an attorney.

  • If not told, statements may be excluded.

  • Protects due process rights during interrogation.

14.

Relaxing the Exclusionary Rule

  • Inevitable Discovery: If evidence would’ve been found anyway.

  • Good-Faith: Honest mistakes in warrants.

  • Can be used to challenge credibility, not guilt.

15.

USA Patriot Act Provisions

  • Expanded wiretaps for terrorism.

  • Access to personal records (emails, bank info).

  • Allows detaining non-citizens without formal charges.

  • Eases sharing of info between agencies (FBI, CIA).

  • Increased surveillance on suspected terrorist activities.

16.

2005 Warrantless Searches Controversy

  • Government (NSA) conducted wiretaps without FISA court approval.

  • Critics said it violated the Fourth Amendment.

  • Supporters said it was necessary for national security.

  • Sparked debates on privacy vs. protection from terrorism.