Unit 3: Civil Liberties and Civil Rights Review Sheet

Overview

• Upcoming Test: Thursday, November 14th

• Format: 30 Multiple Choice and 2 SCOTUS FRQs

• Focus: Bill of Rights and Supreme Court cases

Bill of Rights

• First Amendment: Guarantees freedom of speech, press, religion, assembly, and petition.

  • Protects individual expression without government interference.

• Second Amendment: Protects the right of the people to keep and bear arms.

• Fourth Amendment: Protects against unreasonable searches and seizures; requires warrants based on probable cause.

• Sixth Amendment: Guarantees the right to a fair and speedy trial and legal counsel.

• Eighth Amendment: Prohibits excessive bail, fines, and cruel and unusual punishment.

Supreme Court Cases Relating to the Bill of Rights

Schenck v. United States (1919)

• Background: Schenck distributed leaflets urging resistance to the draft.

• Precedent: Established the "clear and present danger" test for limiting free speech.

• Key Amendment: 1st Amendment (freedom of speech)

Tinker v. Des Moines Independent Community School District (1969)

• Background: Students wore black armbands to protest the Vietnam War and were suspended.

• Precedent: Students retain constitutional rights at school unless their speech disrupts the education process.

• Key Amendment: 1st Amendment (freedom of speech)

New York Times Co. v. United States (1971)

• Background: The New York Times published the Pentagon Papers, leading to government censorship attempts.

• Precedent: Reinforced freedom of the press; government cannot impose prior restraint unless there is a direct national security threat.

• Key Amendment: 1st Amendment (freedom of the press)

Engel v. Vitale (1962)

• Background: New York required public schools to begin with a prayer.

• Precedent: Ruled government-sponsored prayer in public schools unconstitutional.

• Key Amendment: 1st Amendment (Establishment Clause)

Wisconsin v. Yoder (1972)

• Background: Amish parents challenged school attendance laws beyond 8th grade.

• Precedent: Ruled in favor of the Amish under the Free Exercise Clause.

• Key Amendment: 1st Amendment (Free Exercise Clause)

D.C. v. Heller (2008)

• Background: A challenged handgun ban in D.C.; Heller argued it violated his Second Amendment rights.

• Precedent: Affirmed an individual's right to possess firearms for lawful purposes.

• Key Amendment: 2nd Amendment (right to bear arms)

McDonald v. Chicago (2010)

• Background: McDonald contested Chicago's handgun ban.

• Precedent: Ruled that the Second Amendment applies to the states via the Fourteenth Amendment.

• Key Amendments: 2nd and 14th Amendments (incorporation of Bill of Rights)

Gideon v. Wainwright (1963)

• Background: Gideon was denied legal counsel due to inability to afford an attorney.

• Precedent: Affirmed that the Sixth Amendment guarantees the right to counsel in all criminal trials.

• Key Amendment: 6th Amendment (right to counsel)

Additional Supreme Court Cases

Roe v. Wade (1973)

• Background: Challenged Texas law restricting abortion access.

• Precedent: Upheld a woman’s right to choose an abortion under the right to privacy.

• Key Amendments: 14th Amendment (due process and right to privacy)

Texas v. Johnson (1989)

• Background: Johnson burned an American flag in protest.

• Precedent: Court ruled flag burning is protected speech.

• Key Amendment: 1st Amendment (freedom of speech)

Key Terms

• Selective Incorporation: Application of the Bill of Rights to the states via the Fourteenth Amendment.

• Clear and Present Danger: A test to limit speech that may incite illegal activities or harm.

• Establishment Clause: Part of the First Amendment prohibiting government-established religion.

• Free Exercise Clause: Protects the right to freely practice religion.

Types of Speech

• Protected: Political speech, symbolic speech, peaceful protest.

• Not Protected: Incitement of violence, obscenity, defamation, fighting words.

Due Process and Rights of the Accused

• Exclusionary Rule: Prevents use of illegally obtained evidence in court.

  • Mapp v. Ohio: Incorporated the exclusionary rule to state courts.

• Miranda v. Arizona: Requires informing suspects of their rights prior to interrogations.

Civil War Amendments and Civil Rights

• 13th Amendment: Abolished slavery, except as punishment for crime.

• 14th Amendment: Granted citizenship and equal protection under the law.

• 15th Amendment: Granted voting rights to men regardless of race.

Civil Rights Legislation

• Civil Rights Act of 1964: Prohibits discrimination in public places and employment.

• Voting Rights Act of 1965: Eliminated barriers to voting for African Americans, like literacy tests.

Civil Rights Organizations and Amendments

• NAACP: Advocated for racial equality.

• 24th Amendment: Abolished poll taxes.

• Brown v. Board of Education: Overturned "separate but equal" doctrine in public schools.

• Affirmative Action: Policies aimed at increasing minority representation in various sectors.

Women's Rights

• Equal Pay Act: Mandates equal pay for equal work.

• Title IX: Prohibits sex-based discrimination in federally funded education.

• 19th Amendment: Granted women the right to vote.