Civil Liberties, Civil Rights, and Public Opinion – Comprehensive Notes

Civil Liberties, Civil Rights, and Public Opinion – Comprehensive Notes

• These notes synthesize Chapters 4–6 content from OpenStax on Civil Liberties, Civil Rights, and Public Opinion. They are organized as bullet-point study notes with key concepts, cases, principles, and implications, incorporating essential definitions, tests, and timelines.

4 Civil Liberties

4.1 What Are Civil Liberties?

• Civil liberties vs civil rights (two distinct concepts):

  • Civil liberties = limitations on government power to protect individual freedoms (e.g., freedom of religion, speech, assembly). Example: The First Amendment protects the free exercise of religion and the freedom of expression.
  • Civil rights = guarantees of equal treatment by government and protection from discrimination on protected characteristics (e.g., race, sex). Government entities cannot treat people differently based on race, gender, etc.

• The Constitution protects freedoms beyond citizens and adults; the term “persons” (in many amendments) extends to children, visitors, and immigrants (legal or undocumented) in the U.S. or its territories.

• Distinctions matter: freedoms, liberties, and rights are related but not interchangeable; separation of powers and checks and balances are separate concepts from civil liberties.

• Eternal vigilance quote: “Eternal vigilance is the price of liberty” (often attributed to Thomas Jefferson; actually John Philpot Curran).

• Framers’ goal: protect freedoms from abuses that led to independence; yet parchment barriers alone are not enough—citizens, lawyers, and politicians must defend liberties.

• Framing of the questions in this chapter: What are these freedoms? How balance them against societal interests and others’ rights?

• Key background points:

  • The Constitution did not initially include a Bill of Rights; Federalists argued enumerating rights might limit protection to listed rights and potentially invite violations of unlisted rights. Anti-Federalists argued for explicit protections to curb federal power.
  • Early protections existed in the main body (e.g., prohibitions on bills of attainder, ex post facto laws, suspension of habeas corpus in Article I, Section 9).
  • After the Civil War, a shift toward applying many protections to the states occurred via the Fourteenth Amendment and selective incorporation (see 4.4).

• Important historical debates and cases mentioned:

  • Barron v. Baltimore (1833): Supreme Court held the Bill of Rights did not apply to the states.
  • Ex parte Milligan (1866): civilian courts must be used for civilians, even in wartime contexts.
  • Ex parte Quirin (1942): military commissions for certain unlawful combatants; court cases about balancing national security and civil liberties.
  • Rise of selective incorporation through the Fourteenth Amendment (due process clause) to extend Bill of Rights protections to the states over time.

• Foundational documents and actors:

  • Jefferson, Locke influence on inalienable/natural rights and the Declaration of Independence.
  • American Civil Liberties Union (ACLU) founded in 1920; role in litigating many cases discussed in this chapter.

• The path from no Bill of Rights to incorporation:

  • Federalists argued the enumeration of rights was unnecessary and potentially dangerous (could imply rights not listed do not exist).
  • Anti-Federalists argued for explicit protections against federal overreach.
  • Ratification included a promise to consider amendments; James Madison proposed twelve amendments; ten were ratified as the Bill of Rights.

• Bill of Rights (First Ten Amendments) (Table reference):

  • First Amendment: freedoms of religion, speech, press; assembly; petition.
  • Second Amendment: right to keep and bear arms (militia context).
  • Third Amendment: no quartering of soldiers in peacetime.
  • Fourth Amendment: protection against unreasonable searches and seizures; warrants with probable cause.
  • Fifth Amendment: grand jury indictment for capital crimes; double jeopardy; self-incrimination; due process; takings clause.
  • Sixth Amendment: speedy/public trial; impartial jury; informed of charges; confront witnesses; compulsory process; counsel.
  • Seventh Amendment: right to jury trial in civil cases.
  • Eighth Amendment: no excessive bail/fines; no cruel and unusual punishments.
  • Ninth Amendment: rights not enumerated are retained by the people.
  • Tenth Amendment: powers not delegated to the U.S. are reserved to the states/people.

• Noting the evolution from a federal-focused set of protections to incorporating state applications via the Fourteenth Amendment and Court decisions.

4.2 Securing Basic Freedoms

• The First Four Amendments broadly divide into three categories:
  • Amendments I–IV: protect basic individual freedoms (religion, speech, assembly, press; privacy in certain contexts; Fourth Amendment protections).
  • Amendments V–VIII: protections for those suspected or accused of crime (due process; fair trials; criminal procedural safeguards; punishment proportionality).
  • Amendments IX–X: non-enumerated rights and state power reserves; emphasize that rights are not an exhaustive list.
• The First Amendment (detailed):
  • Establishment Clause: Congress cannot establish a state religion or promote one religion over others; also interpreted to prevent government endorsement of religion generally.
  • Free Exercise Clause: government cannot burden religious beliefs or practices; disputes arise balancing individual religious practices with neutral laws.
  • Free Speech and Free Press: protection for political speech; limitations include incitement, fighting words, true threats, obscenity (Miller test), and defamation (Sullivan standard for public figures).
  • Right to assemble and petition: protected, but subject to reasonable restrictions (permits, safety, time/place; must be viewpoint-neutral).
• The Lemon test (establishment clause): three criteria to assess laws/actions involving religion:
  • 1) No excessive entanglement with religion,
  • 2) Neutral toward religion (neither inhibit nor promote),
  • 3) Secular purpose.
  • Example discussed: school vouchers and public funding for education; implications of entanglement and purpose.
• Establishment Clause developments and controversies:
  • Prayer in public schools: balance between free exercise and establishment; Supreme Court cases (Sherbert test historically used; later Smith standard reduced the burden of proof for government action on religion).
  • Ceremonial deism and the use of religious language in government (e.g., motto “In God We Trust,” “under God” in the Pledge of Allegiance) as permissible in some cases due to ceremonial context.
  • Blue laws and Sunday restrictions; Sabbath-related considerations for public welfare, health, and safety.
  • Clergy prayers at open city council meetings; public displays (e.g., Ten Commandments) and court rulings about removal in some contexts.
• The Free Exercise Clause and related doctrine:
  • Sherbert v. Verner (1963) and Wisconsin v. Yoder (1972) established the Sherbert test: law must serve a compelling governmental interest and be narrowly tailored to burden religious practice.
  • Employment Division v. Smith (1990) narrowed the Sherbert test: neutral laws of general applicability can burden religion without requiring a compelling interest; led to RFRA responses at federal and state levels.
  • Religious Freedom Restoration Act (RFRA, 1993) and Religious Land Use and Institutionalized Persons Act (RLUIPA, 2000) respond to Smith by restoring the Sherbert-like strict scrutiny in many contexts.
  • Burwell v. Hobby Lobby (2014): RFRA allowed some exemptions for closely held for-profit corporations on contraception/insurance mandates where conscience-based objections exist; controversy over scope for for-profit entities and religious liberty.
  • State RFRA laws expanded Sherbert-like protections in some states; ongoing debates on applicability to businesses and non-profits.
  • Obergefell-style debates and the balance of religious liberty with civil rights (e.g., same-sex marriage and related protections).
• The Second Amendment: arms in the home and militia context; originalist debates over collective vs individual rights; District of Columbia v. Heller (2008) recognized an individual right to possess firearms in certain contexts (home/self-defense); McDonald v. Chicago (2010) incorporated the Second Amendment against the states; subsequent cases continue to refine limits.
• The Third Amendment: protection from housing soldiers; today viewed as obsolete in everyday life but conceptually reflects privacy and a zone of homes immune from government intrusion.
• The Fourth Amendment: protection against unreasonable searches and seizures; warrant requirements; exceptions (consent, exigent circumstances, plain view); scope of police power (car searches, border searches, etc.); evolution with modern surveillance tech (e.g., GPS, cell-site location data); exclusionary rule (Mapp v. Ohio, 1961) and its exceptions (good faith, inevitable discovery);
  • Exclusionary rule’s “fruit of the poisonous tree” metaphor; changes in police practice and digital privacy concerns; Carpenter v. United States (2018) requiring warrants for cell-site location data; evolution of privacy expectations in a high-tech landscape.
• The Fifth, Sixth, Seventh, and Eighth Amendments (Rights of Suspects):
  • Fifth Amendment: grand jury indictment for capital crimes; double jeopardy; self-incrimination; due process; takings clause (Just compensation for government takings of private property for public use).
  • Grand jury requirement generally applies to felonies; many states use preliminary hearings instead; armed forces trials excluded from grand jury rights; double jeopardy includes civil damages and certain federal/state prosecution limits; exceptions apply (dual sovereignty; civil cases);
  • Self-incrimination and Miranda rights (Miranda v. Arizona, 1966) require informing suspects of rights during interrogation; not always required before all questioning scenarios; due process protections apply broadly.
  • Takings clause: eminent domain debates; Kelo v. City of New London (2005) highlighted tensions between public use and private development; debates continue about the reach of eminent domain and private redevelopment.
  • Sixth Amendment: speedy/public trial; impartial jury; confrontation and cross-examination of witnesses; compulsory process for obtaining witnesses; right to counsel (Gideon v. Wainwright, 1963) extended to all serious crimes for defense via counsel, public defenders; right to a fair trial emphasized; informed jury selection and venue changes.
  • Seventh Amendment: civil jury trials in common-law suits over $20; not always incorporated across every state.
  • Eighth Amendment: no excessive bail or fines; no cruel and unusual punishment; evolving interpretation of what constitutes “cruel and unusual” punishment; debates around the death penalty and evolving standards (e.g., prohibitions on executing intellectually disabled individuals or juveniles; evolving limitations and state variations).
• The Ninth and Tenth Amendments (Interpreting the Bill of Rights):
  • Ninth Amendment: rights not listed in the Constitution are retained by the people; supports a broader, often broader privacy sense and unenumerated rights.
  • Tenth Amendment: states’ rights and reserved powers; emphasizes that if the federal government does not exercise a power, it remains with the states or the people; ongoing debates about federalism and intergovernmental power dynamics.
• The two senses of privacy previewed in this chapter:
  • Sexual privacy (Griswold v. Connecticut, 1965; Roe v. Wade, 1973; Planned Parenthood v. Casey, 1992; Whole Woman’s Health v. Hellerstedt, 2016).
  • Privacy of communications and data (digital privacy; surveillance issues; Carpenter v. United States, 2018).
• Summary of privacy development:
  • Griswold (privacy in intimate relationships; contraception) → expanded privacy doctrine to unmarried individuals (1972).
  • Roe/Casey framework: viability-based regulation; undue burden standard (Casey, 1992) alternative to trimester framework; allowed some restrictions but protected core rights.
  • Later cases and RFRA debates show ongoing tension between privacy rights and state interests; digital-age privacy debates (surveillance, data collection, encryption, etc.).

4.3 The Rights of Suspects

• Learning objectives focus on: identifying rights of the accused, constitutional transformations, and death-penalty debates.
• The core amendments in this section:
  • Fifth Amendment overview (indictment by grand jury; double jeopardy; self-incrimination; due process; takings).
  • Sixth Amendment guarantees: speedy and public trial; impartial jury; notice of charges; confronting witnesses; compulsory process; right to counsel; Gideon v. Wainwright (1963) established right to counsel for defendants who cannot afford one.
  • Seventh Amendment: right to jury trial in civil cases; not always incorporated to states.
  • Eighth Amendment: protection from excessive bail; excessive fines; cruel and unusual punishments; death-penalty controversies.
• Grand jury and indictment concept:
  • Grand jury requirement applies to capital offenses; many jurisdictions provide preliminary hearings instead; debates about due process and equal protection.
• Double jeopardy:
  • Prohibits trying a person twice for the same offense at the same government level; exceptions include dual sovereignty (federal vs state) and civil liability actions.
• Self-incrimination and the Miranda framework:
  • Right to remain silent; statements cannot be used to prove guilt; Miranda warnings clarify rights before interrogation in custody; not necessarily required when the person is free to leave.
• Procedural due process and the takings issue:
  • Due process requires fair procedures before depriving life, liberty, or property; takings require just compensation for public use.
• The Fourth Amendment interplay with the rights of suspects (pre-charge):
  • Warrant requirements, probable cause, and exceptions continue to govern pre-charge searches and seizures.
• Notable modern developments and cases mentioned:
  • United States v. Jones (GPS tracking) and Carpenter v. United States (location data) extend Fourth Amendment protections to tracking and digital data in some contexts.

4.4 Interpreting the Bill of Rights

• The Ninth and Tenth Amendments as interpretive tools and the privacy right.
• The two senses of the right to privacy: sexual privacy and privacy of communications/data.
• The court’s evolving approach to privacy, including Roe, Casey, and Whole Woman’s Health; rights to contraception, abortion, and LGBTQ rights implications.
• Court’s evolving approach to censorship and freedom of expression:
  • Near v. Minnesota (1931): rejected prior restraints (except in rare cases).
  • Pentagon Papers (New York Times Co. v. United States, 1971): government cannot enjoin publication of classified documents in the absence of compelling justification.
  • Schenck v. United States (1919): “clear and present danger” standard for speech.
  • Brandenburg v. Ohio (1969): only speech itself leading to imminent illegal action can be restricted.
  • Symbolic speech (e.g., flag burning in Texas v. Johnson, 1989; later related cases; cross burning as intimidation).
  • Obscenity standard (Miller v. California, 1973): three-part test for obscenity (community standards, explicit sexual conduct defined by state law, lack of serious value).
  • Advertising, consumer protection, and speech in the context of commercial speech; fiduciary/advertising disclosures; nutritional labeling and tobacco warnings.
  • Children’s speech in public schools (Tinker v. Des Moines, 1969; Hazelwood v. Kuhlmeier, 1988): school-sponsored speech and student speech restrictions tied to pedagogical concerns and disruption.
  • Public forums and viewpoint neutrality in public protests; registration and permits balanced with protest rights.
• Privacy and technology:
  • Fourth Amendment and new surveillance tech (toll collection cameras, facial recognition, Stingray devices, metadata analysis).
  • Debate about Patriot Act and expanded government surveillance post-9/11; comparison with Europe’s stronger data protection norms.
  • Carpenter v. United States (2018): requires warrants for cell-site location data; reflects evolving privacy expectations in digital age.
• The 4.2–4.4 material highlights ongoing debates about balancing civil liberties with public safety, social order, and evolving technologies.

5 Civil Rights

5.1 What Are Civil Rights and How Do We Identify Them?

• Civil rights = guarantees of equal protection and treatment by government; focus on groups historically denied equal rights.
• Core constitutional bases:
  • Fifth Amendment (due process) and Fourteenth Amendment (due process and equal protection) ensure non-discrimination and equal protection before law.
  • Equal Protection Clause requires states to treat similarly situated individuals alike unless government has a compelling interest or substantial reason (rational basis, intermediate scrutiny, strict scrutiny).
• Civil rights vs civil liberties distinction:
  • Civil rights focus on government action to treat groups equally; civil liberties focus on restraining government power to protect individual freedoms.
• The process of recognizing civil rights issues involves a three-question framework:
  • Which groups face discrimination?
  • Which right or rights are threatened?
  • What remedy or policy could address the discrimination?
• The role of courts, Congress, and executive branch:
  • Key civil rights protections come from the Fourteenth Amendment (Equal Protection) and the Thirteenth (slavery abolition) and Fifteenth (voting rights) amendments.
  • The Civil Rights Act of 1964 outlawed discrimination by private employers and public accommodations and established the EEOC.
• The role of identity and law in civil rights:
  • Civil rights protections are extended to groups based on race, gender, religion, national origin, disability, sexual orientation, etc.
  • The ERA (Equal Rights Amendment) and debate about constitutional equality of sexes; not ratified, but state-level protections and later federal statutes addressed many sex discrimination issues.

5.2 The African American Struggle for Equality

• Historical arc:
  • Slavery and the Civil War; Emancipation Proclamation (1863) and its limited scope; Civil War ends; Reconstruction (1865–1877).
  • 13th Amendment abolishes slavery (1865).
  • 14th Amendment defines citizenship and provides due process and equal protection; 1868 ratified; 15th Amendment (1870) prohibits denying the vote based on race.
  • Post-Reconstruction: Black Codes and disenfranchisement in the South; rise of Jim Crow laws; Plessy v. Ferguson (1896) upholds “separate but equal.”
• Civil rights movement and legal strategy:
  • NAACP legal challenges (education segregation and beyond) and Supreme Court rulings; Brown v. Board of Education (1954) overturns Plessy in public education; social science studies cited to support integration.
  • Shelley v. Kraemer (1948) restricts private enforcement of racial covenants; Loving v. Virginia (1967) invalidates bans on interracial marriage.
• Major civil rights milestones:
  • Civil Rights Act of 1964: bans discrimination in employment and public accommodations; creates the EEOC; relies on interstate commerce powers.
  • Voting Rights Act of 1965: oversaw and protected voting rights; outlawed literacy tests and other discriminatory practices; later faced weakening in Shelby County v. Holder (2013) limiting preclearance.
  • 1965 Selma to Montgomery marches; television coverage boosts public support and legislative momentum; leads to Voting Rights Act enhancements.
• Ongoing issues and evolution:
  • Aftermath of Civil Rights Act and Voting Rights Act: continued disparities; the rise of affirmative action (Bakkee v. California; Grutter v. Bollinger; Fisher v. UT) and ongoing debates about race-conscious admissions.
  • Current challenges include voter suppression concerns, gerrymandering, and debates about remedies and equal protection in education, employment, housing, and criminal justice.
• Key organizations and movements:
  • NAACP; SCLC; CORE; SNCC; Busing and school desegregation efforts; grassroots organizing and litigation.
• Notable figures and moments:
  • Rosa Parks and the Montgomery Bus Boycott; Martin Luther King Jr.; Malcolm X and the Black Power movement; Bayard Rustin; Eleanor; etc.

5.3 The Fight for Women’s Rights

• Early era: Seneca Falls Convention (1848) and Declaration of Sentiments; push for suffrage and property rights; Stanton and Anthony; early state-by-state progress and limitations.
• Key milestones:
  • 19th Amendment (1920): women gain the right to vote.
  • Post-1920: continued efforts to achieve equality in education, employment, and public life; unequal pay and limited access to certain professions persisted.
  • 1960s–1970s: Second-wave feminism; Title VII (1964) prohibits sex discrimination in employment; NOW (1966) advocates for workplace equality and ERA.
  • ERA (proposed 1923; ratified by 35 states by 1982; ultimately failed to achieve the necessary 38 states by the deadline; Virginia ratified in 2020 but after the deadline).
• Education and sports: Title IX (1972) prohibits sex discrimination in education programs receiving federal funds; significantly expands women’s opportunities in education and athletics.
• Ongoing gender equity issues:
  • Pay gaps; underrepresentation in executive leadership; pay equity debates and comparable worth concepts.
  • Reproductive rights and abortion access; Roe v. Wade (1973) and its evolution via Planned Parenthood v. Casey (1992) and Whole Woman’s Health v. Hellerstedt (2016).
  • Ongoing debates about the ERA and equal rights protections.

5.4 Civil Rights for Indigenous Groups: Native Americans, Alaska Natives, and Hawaiians

• Historical context:
  • Native Americans granted citizenship later than many groups; land dispossession and relocation (Trail of Tears; Indian Removal Act of 1830).
  • Dawes Act (1887) and loss of tribal land; Curtis Act (1898) and dissolution of tribal governments.
  • Boarding schools and forced assimilation policies; erosion of tribal sovereignty and culture.
• Mid-20th century to present:
  • Indian Reorganization Act (1934) ends the allotment era and restarts self-government on reservations.
  • 1960s–1970s: Native American movements (e.g., Alcatraz occupation 1969–1971; Wounded Knee 1973) bring national attention to tribal rights.
  • Indian Self-Determination and Education Assistance Act (1975) grants tribes more control over programs and resources.
  • McGirt v. Oklahoma (2020): recognition of tribal lands as jurisdictional, affecting criminal law and federal vs state authority.
  • Alaska Native Claims Settlement Act (1971): substantial land claims settlement; Alaska Natives gained land and payment.
  • Native Hawaiians: efforts toward self-governance; 2015 Interior guidelines for a government relationship with Native Hawaiians; ongoing debates about nationhood and governance.
• Ongoing issues:
  • Economic development, education, healthcare access; high poverty rates in some tribes; sovereignty and jurisdiction questions; casino gaming and governance; federal-tribal relations evolving with policy and court decisions.

5.5 Equal Protection for Other Groups

• Latinos/Hispanics:
  • Distinction between Hispanic (language/ethnic origin) and Latino (geography); immigration policy and civil rights activism (LULAC; East L.A. Walkouts; Bilingual Education Act; Cesar Chavez and UFW).
  • Immigration policy debates include Proposition 187 (1994) and subsequent federal court rulings; Arizona v. United States (2012) restricting state immigration enforcement authority while preserving some police power to question immigration status.
  • Ongoing debates about Dream Act and pathways to citizenship; modern immigration reform debates.
• Asian Americans:
  • Early exclusion and bans (Chinese Exclusion Act of 1882; Geary Act; 1924 Immigration Act barring most Asians from naturalization); Japanese internment during WWII (Executive Order 9066) and Korematsu v. United States (1944) upheld internment; later recognized as grave injustice (congressional and judicial repudiation).
  • Lau v. Nichols (1974): schools must provide language support accommodations for non-English speakers; rise of Asian American civil rights activism and pan-Asian identity in the 1960s–70s.
  • Post-World War II era: ongoing discrimination and evolving rights; contemporary anti-Asian bias and hate crimes (pandemic-era surge).
• LGBTQ rights:
  • The LGBTQ rights movement emerged from 1960s activism; Stonewall (1969) as a watershed moment.
  • Don’t Ask, Don’t Tell (1993–2011) and subsequent open service; Obergefell v. Hodges (2015) nationalizing same-sex marriage as a constitutional right under the Fourteenth Amendment.
  • Civil rights laws and state RFRA-like provisions affecting religious-liberty claims; ongoing debates about religious exemptions and anti-discrimination protections.
• Americans with Disabilities Act (ADA) (1990): expanded protections for employment, transportation, and access; ongoing challenges in implementation and equal access.
• Religious minorities: ongoing discrimination challenges; FBI hate crime data; balancing religious liberty with civil rights protections; ongoing debates about religious exemptions and public accommodations.

6 The Nature of Public Opinion

6.1 The Nature of Public Opinion

• Public opinion = collection of popular views on issues, events, or leaders; measured via polls and interviews.
• Origins of opinion:
  • Beliefs and attitudes formed early in life; values such as equality, liberty, privacy influence opinions.
  • Political socialization begins early (family, school) and continues via media, religious institutions, friends.
• Ideology and partisanship:
  • Ideology (liberal vs conservative) shapes opinions and policy preferences; many people are not strictly aligned to a single ideology.
  • Public opinion shows polarization; Pew Research studies show increasing divergence between Democrats and Republicans on many issues (e.g., government role).
• The role of socialization agents:
  • Family and school; religious organizations; peers; media.
  • Media framing shapes how events are perceived; both overt and covert messaging can influence opinions.
• Elites and opinion leaders:
  • Political elites and opinion leaders shape public discourse; credible sources influence perceptions.
• Methods of measuring public opinion:
  • Polls, surveys, interviews; exit polls, focus groups, and online panels.
• Key terms:
  • Heuristics (cues) such as party ID; the role of demographics (age, gender, race, SES) in shaping opinions; value questions reveal shifts in ideology.

6.2 How Is Public Opinion Measured?

• Polling history and methods:
  • Straw polls are informal; modern polling is a scientific discipline with careful design and sampling.
• Key methodological components:
  • Define population (target group to study).
  • Build a random, representative sample; ensure demographic balance (e.g., ~51% female historically).
  • Sample size: common ranges from several hundred to over a thousand respondents depending on scope; larger samples reduce margin of error.
  • Margin of error concept:
  • Approximate formula for margin of error in a proportion: ext{MOE} \,\approx\; z_{\alpha/2} \sqrt{ \frac{p(1-p)}{n} } where $n$ is sample size and $p$ is the estimated proportion.
  • Random-digit-dialing (RDD) and cell-phone inclusion to improve representativeness; CATI (computer-assisted telephone interviewing) and robo-polls (fully automated).
  • Limitations: non-response bias, question wording effects, framing, and sampling bias; response rates vary by method and population.
• Special polling methods:
  • Exit polls: face-to-face interviews at polling stations to estimate election outcomes.
  • Push polls: polling designed to influence opinions by presenting leading information.
  • Wording effects: careful question design to avoid leading respondents toward a specific answer.
• Technological shifts:
  • Internet-based and mobile polling rising; issues with multiple accounts, fraud risk, and response validation; data privacy concerns.
  • Privacy and data protection concerns in online polling.

6.3 What Does the Public Think?

• Public opinion dynamics:
  • Opinion changes with personal experiences, major events, and major policy shifts;
  • Ideology can shift in response to events (e.g., post-9/11 shifts toward national security emphasis; welfare liberalism in the 1960s–70s).
• Demographic effects:
  • Age, gender, race, ethnicity, and SES influence voting behavior and policy preferences; different demographic groups show distinct patterns in support for policies and candidates.
  • Multiracial identities and shifting party alignments reflect changing demographics (e.g., rise of multiracial population affecting party coalitions).
• Public mood and watershed moments:
  • James Stimson’s public mood index tracks shifts in public policy stance; watershed moments (e.g., 1960s Great Society; 1990s conservative era) correspond to major policy shifts.
• Public opinion and institutions:
  • Approval ratings of presidents and Congress show fluctuations; public sentiment on government’s role and budget priorities changes over time.
  • Congress’s approval tends to be lower than presidential approval; events influence approval ratings (e.g., 9/11 rally effect raising approval). The President’s approval often declines over a term, with spikes after major events.
• Policy and public opinion interplay:
  • Public opinion shapes and responds to policy; some policies pass with broad consensus, others provoke controversy and ongoing debate (e.g., abortion rights, same-sex marriage, immigration reform).
• Modern challenges in measuring opinion:
  • Polarization, media fragmentation, and the influence of political elites; evolving information ecosystems (traditional media vs. online platforms) affect public opinion formation.

Key Tests, Concepts, and Cases (Glossary of Core Points)

• Civil liberties vs civil rights: distinction between limiting government power (liberties) and guaranteeing equal treatment (rights).
• Selective incorporation: gradual application of the Bill of Rights to the states via the Fourteenth Amendment.
• Establishment vs Free Exercise: separation of church and state vs protection of religious practice; Lemon test criteria; evolving jurisprudence via Sherbert, Smith, RFRA.
• Lemon test: three criteria for constitutionality of government action that affects religion.
• Sherbert test: compelling governmental interest and narrowly tailored means; later narrowed by Employment Division v. Smith.
• Miller test: three-pronged test for obscenity; community standards; state-defined sexual conduct; lack of serious value.
• Exclusionary rule: evidence obtained in violation of the Fourth Amendment is generally inadmissible; exceptions include good faith and inevitable discovery.
• Miranda rights: right to remain silent and to counsel during custodial interrogation; ensures due process during police questioning.
• Right to counsel (Gideon v. Wainwright): government must provide counsel for those who cannot afford it in criminal cases.
• Equal protection and the three levels of scrutiny: rational basis, intermediate scrutiny, strict scrutiny; used to evaluate discriminatory laws and policies.
• Major civil rights milestones: 13th/14th/15th Amendments; Brown v. Board of Education (1954); Civil Rights Act (1964); Voting Rights Act (1965); Loving v. Virginia (1967); Obergefell v. Hodges (2015); ADA (1990).
• Public opinion measurement: MOE, sampling, and issues in polling design; push polls vs. exit polls; framing effects; the Bradley effect and other response biases; the rise of online and mobile polling.

Quick Connections to Real-World Relevance

• Civil liberties debates remain central to public policy (religious exemptions, vaccination debates, and school prayer).
• Civil rights advances continue to be tested by new demographic and social shifts (immigration, LGBTQ rights, disability rights, and indigenous sovereignty).
• Public opinion shapes and is shaped by political leadership and policy; understanding polling methods helps interpret election outcomes and policy debates.
• Ethical and philosophical implications include balancing individual liberties with collective safety, equality under law, and the role of the state in regulating private conduct and commerce.

Equations, Numbers, and Formal Tests (LaTeX)

• Miller test for obscenity:
  ext{Miller test: } egin{cases} a) ext{the average person, applying contemporary community standards, would find that the work, taken as a whole, appeals to prurient interest;}\ b) ext{the work depicts or describes sexual conduct defined by applicable state law;}\ c) ext{the work, taken as a whole, lacks serious literary, artistic, political, or scientific value.} \ ( ext{3-part test}) \end{cases}
• Lemon test for establishment clause:
  ext{Lemon test}
  ightarrow ext{(1) entanglement, (2) neutrality, (3) secular purpose)}
• Constitutional balance for equal protection (levels of scrutiny): rational basis < intermediate scrutiny < strict scrutiny; governing standard depends on the basis of discrimination (race, sex, etc.).
• Fourth Amendment warrant standard (probable cause):
  ext{Warrant requirement: } ext{probable cause}
  ightarrow ext{warrant issued by a judge}
• Privacy rights in the digital era (location data): Carpenter v. United States (2018) requires a warrant for location data evidence.
• Privacy and the right to privacy ( Griswold v. Connecticut, 1965; Roe v. Wade, 1973; Casey, 1992; Whole Woman’s Health v. Hellerstedt, 2016 ).
• Public opinion sampling and margin of error:
  ext{MOE} \,\approx\; z{\alpha/2} \sqrt{\frac{p(1-p)}{n}} where $n$ = sample size, $p$ = estimated proportion, and $z{\alpha/2}$ is the z-score for the confidence level.

Suggested Study Prompts

• Define civil liberties and civil rights and explain how the Fourteenth Amendment helped broaden protections to the states.
• Explain the difference between establishment and free exercise clauses and discuss how Lemon and Sherbert-Casey frameworks have shaped modern debates.
• Describe Gideon v. Wainwright and its impact on the right to counsel in criminal cases.
• Discuss the evolution of the Second Amendment from collective to individual rights interpretations with key cases (Miller, Heller, McDonald).
• Outline the major milestones in the African American civil rights movement and name at least three landmark Supreme Court decisions.
• Explain the concept of strict scrutiny and provide a modern example related to civil rights.
• Define the concept of public opinion and differentiate between measurement methods (exit polls, focus groups, CATI, robo-polls).
• Describe how demographic shifts and polarization influence public policy and electoral outcomes.

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