AP Gov chapters 8-10: Civil Liberties Study Guide

Selective incorporation

• The bill of rights originally only offered protection from the federal government, which was confirmed in Barron v. Baltimore  

• Selective incorporation, is the incorporation of the Bill of Rights through the 14th Amendment’s due process clause; “nor shall any state deprive any person life, liberty, or property without due process of law” 

• Due process clause of the 14th amendment - fair procedures must be followed, laws must be fair and clear, fundamental rights are upheld 

• 14th Amendment applies to states - states have to respect rights of life, liberty and property → overturned Barron v. Baltimore 

• 5th and 14th amendments work together to provide due process protection from all levels of government 

• Gitlow v. New York was the first case to incorporate the B.O.R. amendment of freedom of speech and press 

Scotus Cases

1. Tinker v. Des Moines - 1st Amendment 

• Free speech clause 

• Incorporated symbolic free speech 

• Said symbolic armbands were ok 

• Ruled that student speech suppression can only occur when actions materially and substantially interfere with school operation 

2. Schenck v. U.S. - 1st Amendment 

• Free speech clause 

• Helped establish that limitations on speech that poses a “clear and present danger” may not be warranted during wartime 

• Created the clear and present danger test, not usually used by courts anymore 

• Scotus trying to balance national security with individual freedoms - now replaced by imminent lawless danger 

• Speech is not protected only if danger is imminent, direct, advocating specific lawless actions, substantial, likely to incite such action

3. New York Times v. U.S. - 1st Amendment 

• Freedom of the press 

• Prior restraint = censorship - usually not allowed, unless serious military reasons 

4. Engel v. Vitale - 1st Amendment 

• Public school prayer 

• Court ruled unconstitutional because it was an unnecessary mix of religion or state

• 1st amendment freedom of religion 

• establishment clause - gov can’t establish a religion 

5. Wisconsin v. Yoder - 1st Amendment 

• First amendment free exercise clause 

• Wisconsin mandated education till 16 yr old

• Amish won because the significant history of their religion and faith life outweighs state law

6. McDonald v. Chicago - 2nd Amendment 

• Made it unconstitutional to take away gun rights

• Chicago required handguns to be registered and would refuse to let people have guns

• Second amendment “right to bear arms”

7. Gideon v. Wainwright - 6th Amendment 

• He was not allowed an attorney because it was a state crime not a federal crime so state didn't have to give him a lawyer

  • 6th amendment right to counsel (lawyer) 

8. Roe v. Wade

• Right to abortion

• Constitution has implied rights 

• 9th amendment: there can be rights not listed 

  • Right to privacy

1st amendment 

• Religion speech, press, assembly, petition

  • Speech: the gov must show a compelling reason to justify infringing on our rights 

    • News, broadcast, printed, symbolic, money

      • Tinker v. Des Moines 

        • Can't take away symbolic speech

        • 1st amendment free speech

    • Does not include speech if it provides a immediate, direct, + substantial danger “clear and present danger” test

      • Schenck v. US:

        • Anti draft letters are a no no in war time

        • 1st amendment free speech 

          • “Clear and present danger test

  • Freedom of the press: protects the news 

    • Prior restraints (censorships): usually not constitutional with possible exception of if there is a serious military security breach

      • New York Times v. US

        • Can't force news to censor documents security reasons not strong enough

        • 1st amendment freedom of the press

•  Freedom of religion

  • Establishment clause 

    • Prevents gov from making a official religion

    • Prevents preferences 

    • Gov doing something

    • Constitutional religious practices 

      • Voluntary student lead prayer 

      • “Moment of silence “

      • Congress starting with prayer - adults are less likely be be indoctrinated 

      • In god we trust money

    • Unconstitutional religious practices 

      • teacher/administrator led prayer at public schools

        • Engle v. Vitale

          • No public school prayer because gov can’t establish a religion

      • 10 commandments on wall

      • Gov money going to private schools

      • Clergy or student lead prayers at athletic events or graduation in public schools

  • Free Exercise Clause 

    • Reserves right of indiv to accept religious belief + rituals

    • Right to break laws on religious grounds for discrete reasons

    • Free person doing 

    • Can only be ruled unconstitutional for “compelling gov interest”

      • Mormons cannot do polygamy/bigamy in reynolds v us

      • Wisconsin v. Yoder 

        • First amendment free exercise because of the sincerity of their concerns outweighed the law

• Right to Petition: your right to address the gov about concern or issue without fear of punishment 

• Freedom of assembly: Right to actively protest against the gov with limitations 

  • must get a permit ahead of time 

  • Reasonable time place and manner regulations

2nd amendment

• Right to bear arms

• Gun regulations have become slightly more strict but stay mostly the same

  • Ex. background checks before buying weapons

• Most recently incorporated 

• McDonald v. Chicago

Other amendments 

• Due process: things you want if you do bad things

• Procedural process

  • Fair procedures must be followed

  • Procedures that have been given to you

  • Individuals have the right to steps being taken by gov before losing freedom

• Substantive process

  • Laws have to be fair and not violate rights

• The 4th amendment 

  • Protects for illegal arrests, searches, and seizures 

  • No search warrant unless probable cause

  • Exclusionary rule: if police find evidence that is obtained illegally it can’t be used against you in court

  • Usa patriot act: Allowed gov to have more surveillance after 9/11 - phone call records library books ect.

• 5th amendment 

  • Right to remain silent

• 6th amendment 

  • Right to a lawyer

  • Gideon v. Wainwright 

• 8th amendment 

  • No cruel and unusual punishment

    • Death penalty is ok in some states

    • No excess fines