AP Government Unit 3: Civil Liberties and Civil Rights Review Guide

1. Civil Rights vs Civil Liberties

• Civil Liberties: Constitutional protections against government action (e.g., freedom of speech, religion).

• Civil Rights: Protections against discrimination (e.g., race, gender) ensuring equal treatment under the law.

2. Know the First Amendment!

• Five Freedoms: Religion (Establishment & Free Exercise), Speech, Press, Assembly, Petition the Government.

3. Selective Incorporation & Barron v. Baltimore

• Selective Incorporation: The process by which the Supreme Court applies parts of the Bill of Rights to the states through the 14th Amendment’s Due Process Clause.

• Barron v. Baltimore (1833): Originally said the Bill of Rights only applied to the federal government—not the states.

4. Know the Fourteenth Amendment

• Includes:

  • Due Process Clause: No state can deprive a person of life, liberty, or property without due process.

  • Equal Protection Clause: No state can deny any person equal protection under the law.

5. Types of Freedom of Speech

• Protected: Political, symbolic (e.g., armbands in Tinker v. Des Moines), and some commercial speech.

• Not Protected: Obscenity, defamation (libel/slander), speech inciting imminent lawless action.

6. Schenck v. United States

• Key Concept: “Clear and present danger” test — limits speech that poses a significant threat (e.g., anti-draft flyers during wartime not protected).

7. 9/11 and the Patriot Act

• Gave government broad powers to monitor communications, detain suspects — raised concerns over civil liberties.

8. Gitlow v. New York

• First time the First Amendment was applied to the states via Selective Incorporation under the 14th Amendment.

9. Miranda v. Arizona

• Established Miranda rights: Suspects must be informed of their right to remain silent and to an attorney.

10. Exclusionary Rule

• Illegally obtained evidence cannot be used in court.

  • Exceptions: Good faith, public safety, and inevitable discovery.

11. Right to Privacy

• Roe v. Wade (1973): Extended right to privacy to include a woman’s right to choose an abortion, based on the 14th Amendment.

12. Cruel and Unusual Punishment (8th Amendment)

• Prohibits excessive bail, fines, and punishments. Death penalty is allowed but not for minors or the mentally incompetent.

13. Dred Scott Case

• Dred Scott v. Sandford (1857): Enslaved people are property, not citizens.

• Overturned by: The 14th Amendment, which established citizenship for all born in the U.S.

14. Judicial Activism vs. Stare Decisis

• Judicial Activism: Judges use rulings to shape social policy.

• Stare Decisis: Let previous decisions stand (respect for precedent).

• Original Intent: Interpret the Constitution by the Framers' views.

• Living Document: Constitution evolves with society.

15. Plessy v. Ferguson

• “Separate but equal” doctrine upheld racial segregation laws.

16. Brown v. Board of Education (1954)

• Overturned Plessy, declared school segregation unconstitutional.

• Implementation: Brown II (1955) said schools must desegregate with “all deliberate speed.”

• Rationale: Segregation harms children’s self-esteem.

• Desegregation:

  • De jure: Segregation by law.

  • De facto: Segregation by social/economic factors.

17. Civil Rights Act of 1964

• Outlawed discrimination in public places, employment, and federally funded programs.

18. Voting Rights Act of 1965

• Banned literacy tests and ensured African Americans could vote.

19. Title IX (1972)

• Prohibits gender discrimination in education programs receiving federal funding.

20. Letter from a Birmingham Jail

• MLK’s defense of nonviolent resistance, criticism of waiting for justice.

21. 1950s: Efforts to Stop Segregation

• Brown v. Board, NAACP legal action, civil disobedience, grassroots organizing.

22. 1960s: Efforts to Stop Segregation

• Freedom Rides, March on Washington, federal legislation like the Civil Rights and Voting Rights Acts.

23. Status of Women

• 19th Amendment: Women’s suffrage.

• Equal Pay Act (1963): Bans wage discrimination based on sex.

24. Equality of Results vs. Equality of Opportunity

• Results: Everyone ends up equal (affirmative action).

• Opportunity: Everyone has the same chance (merit-based).

25. Key Court Cases & Amendments

26. Key Terms