AP Government and Politics Unit 3A Study Guide

Unit 3 Lesson 1

1. In the case of Mahanoy Area School District v. B.L (‘Vulgar Cheerleader’), what did the girl do exactly that caused the school to suspend her? B.L., a high school sophomore and a member of the cheerleading squad, was upset after failing to make the varsity cheerleading team. Over the weekend, off-campus, she posted a picture of herself and a friend on Snapchat with their middle fingers raised, accompanied by a caption that read: “F* school, f*** softball, f*** cheer, f*** everything.**” The post was visible to her Snapchat friends, including other students and teammates, and it eventually reached the cheerleading coaches. In response, the school suspended B.L. from the junior varsity cheerleading team for violating team rules, which included maintaining respect for the school and refraining from any inappropriate use of social media.

2. Why did the cheerleader and her parents appeal (which eventually made it to the Supreme Court)? B.L. and her parents argued that her suspension from the cheerleading team violated her first amendment right to freedom of speech.

3. What were the results of the case of Mahanoy Area School District v. B.L? Schools have limited authority to regulate off-campus speech and students retain their first amendment rights outside of school grounds. 

Give a brief synopsis of the Amendments: 

4. Amendment 1: Freedom of Religion, Speech, of the Press, Assembly, and Petition

5. Amendment 2: Protects the people's right to bear arms

6. Amendment 3: No soldier can be quartered in a home without the permission of the owner

7. Amendment 4: Prohibits unreasonable searches and seizures and sets out requirements for search warrants based on probable cause

8. Amendment 5: Protects rights of due process and the right to remain silent ("plead the 5th"), double jeopardy

9. Amendment 6: The right to a fair and speedy trial by a jury of one's peers; to have witnesses and to give a defense

10. Amendment 7: The right to a trial by jury in civil cases for amounts of $20 or more

11. Amendment 8: Prohibits excessive bail, excessive fines, and cruel and unusual punishments

12. Amendment 9: People have other rights not specifically stated in the Constitution

13. Amendment 10: Gives all powers not specifically given to the United States government in the Constitution, to either the states or to the people

14. Amendment 11: Determines when and if a state can be sued; states cannot be sued by people from other states or by foreigners

15. Amendment 12: The Electoral College must vote for the President and the Vice President separately

16. Amendment 13: Abolished slavery and involuntary servitude

17. Amendment 14: Makes anyone born on US soil a citizen and guarantees equal protection under the law

18. Amendment 15: Gave all men the right to vote regardless of race or color or whether they had been slaves

19. Amendment 16: Created an income tax and gave the Federal government the power to collect it

20. Amendment 17: Creates the direct election by the people of Senators

21. Amendment 18: Prohibition of the drinking, manufacture, and sale of alcohol

22. Amendment 19: Gave women the right to vote

23. Amendment 20: Gives details on the terms of office for Congress and President; shortens "lame duck" period (time between election and inauguration)

24. Amendment 21: Repealed the 18th amendment (prohibition)

25. Amendment 22: Limits the president to two terms in office (or 10 years)

26. Amendment 23: Gave Washington, D.C. representatives in the electoral college so that citizens of D.C. could participate in the electoral process, even though it is not an official state

27. Amendment 24: Prohibited the poll tax

28. Amendment 25: Explains what happens when the President dies or is unable to continue in office (Succession)

29. Amendment 26: Sets the national voting age at 18, cannot be set any higher

30. Amendment 27: Any changes in Congressional salaries will take place after the next term starts

Unit 3 Lesson 2

1. What are Civil Liberties? Provide an example. Civil liberties are fundamental freedoms and protections from government interference, guaranteed by the Bill of Rights and interpreted by the courts. Ex: Freedom of speech protected under the first amendment

2. What are Civil Rights? Provide an example. Civil rights are protections against discrimination based on characteristics such as race, gender, or disability, often involving government action to ensure equality. Ex: The Civil Rights Act of 1964, which prohibits discrimination in public accommodations and employment. 

3. Provide the specific details of the Texas v Johnson Case. What were the final results? He was arrested and convicted under a Texas law prohibiting flag desecration. The Court held that flag burning is a form of symbolic speech and is protected by the First Amendment, even if it is offensive to many.

4. What is the Establishment Clause? This clause prevents the government from favoring, endorsing, or establishing an official religion.

5. What were the results of the Engle v Vitale case? The Supreme Court ruled in a 6-1 decision that the school-sponsored prayer, even if non-denominational and voluntary, violated the Establishment Clause.

6. What is the Free Exercise Clause? This clause protects individuals' rights to practice their religion freely, as long as it does not violate public order or harm others.

7. What were the results of the Wisconsin v Yoder case? The Court held that Wisconsin's law violated the Free Exercise Clause because it burdened the Amish community's religious practices without a compelling state interest.

8. What are some examples of Freedom of Religion issues that have developed in the modern era? Religious symbols in public spaces, prayer in school, and religious freedom laws and LGBTQ+ rights.

Unit 3 Lesson 3

1. What are the details behind the Schenck v U.S. case? What decision was upheld by the Supreme Court? Charles Schenck distributed leaflets urging draftees to resist the military draft during World War I, arguing it violated the 13th Amendment’s prohibition against involuntary servitude. It established the “clear and present danger” test, ruling that speech that poses a clear and immediate threat to public safety or national security is not protected under the First Amendment.

2. What is the difference between ‘Pure Speech’ and ‘Symbolic Speech’? Provide examples of both. Pure Speech is the verbal expression of thoughts and ideas, either in public or private. Ex:Giving a speech at a rally or debating a political issue. Symbolic speech is the actions or symbols used to express ideas  without spoken words. Ex: Burning a flag (as in Texas v. Johnson) or wearing armbands (as in Tinker v. Des Moines).

3. What are the details behind the Tinker v Des Moines School Board case? What did the court say was protected by the 1st Amendment? What were the results? What did the court say was not protected bythe 1st Amendment in this case? A group of students, including Mary Beth and John Tinker, wore black armbands to protest the Vietnam War. The Court stated that students do not "shed their constitutional rights to freedom of speech or expression at the schoolhouse gate." The armbands were deemed a form of symbolic speech, which did not disrupt school activities, and thus were protected. The Court clarified that speech or expression that materially disrupts the educational environment or invades the rights of others is not protected.

4. In the Bradenburg v Ohio case, the S.C. stated 1st Amendment was protected as long as it doesn’t do what exactly? The Court ruled that speech is protected unless it is directed to inciting imminent lawless action and is likely to produce such action.

5. What is prior restraint?  Prior restraint are government actions that prevent speech or publication before it occurs.

6. What are the details behind the New York Times v United States? Who did the Supreme Court rule in favor of? Why was this significant? The  Nixon administration attempted to prevent the New York Times and Washington Post from publishing the "Pentagon Papers," classified documents detailing U.S. involvement in Vietnam. In a 6-3 decision, the Court ruled in favor of the newspapers. Reinforced press freedom and set a high bar for government attempts to restrict publication.

7. For the following cases, describe the outcome of the case and if it limited or expanded 1st Amendment rights:

Unit 3 - Lesson 4

1. What does it mean to “Incorporate” the Bill of Rights to the states? What was the purpose of this? What is selective incorporation? Incorporation refers to the application of the Bill of Rights to state governments through the Fourteenth Amendment’s Due Process Clause. Purpose: To ensure that individual rights are protected from state infringement, just as they are from federal infringement. Selective Incorporation: The process by which the Supreme Court has applied certain protections from the Bill of Rights to the states on a case-by-case basis, rather than all at once.

2. What happened in the case of District of Columbia v Heller?  A Washington, D.C. law banned handguns and required other firearms to be kept disassembled or bound by a trigger lock in homes. In a 5-4 decision, the Supreme Court ruled that the Second Amendment protects an individual’s right to possess firearms for lawful purposes, such as self-defense within the home.

3. What case has imposed limitations on state regulation of civil rights and liberties due to the doctrine of selective incorporation? Gitlow v. New York (1925): This case applied the First Amendment's freedom of speech to the states via the 14th Amendment’s Due Process Clause, laying the foundation for selective incorporation.

4. What happened in the case of McDonald v Chicago? How was D.C. v Heller incorporated into this case? Chicago had a ban on handguns, similar to the law struck down in D.C. v. Heller. The Supreme Court ruled in a 5-4 decision that the Second Amendment applies to the states through the 14th Amendment’s Due Process Clause, incorporating the individual right to bear arms recognized in D.C. v. Heller.

5. What is the “exclusionary rule” when it comes to the 4th Amendment? The exclusionary rule prevents evidence obtained through illegal searches or seizures (violating the 4th Amendment) from being used in court.

6. How did the Patriot Act lower ‘due process’ standards? The USA PATRIOT Act (2001) lowered due process protections by allowing warrantless surveillance and searches for national security purposes.

7. What are the details and results of the Miranda v Arizona case?  Ernesto Miranda was arrested for kidnapping and rape but was not informed of his rights to an attorney or against self-incrimination. He confessed, and his confession was used at trial. The Supreme Court ruled in a 5-4 decision that individuals must be informed of their rights upon arrest, leading to the creation of Miranda Rights-right to remain silent, anything said can be used against them in court, and right to an attorney.

8. How do the 5th and 6th Amendments apply to the Miranda case? The 5th Amendment protects against self-incrimination. Miranda was not informed of his right to remain silent. The 6th amendment guarantees the right to an attorney. Miranda was not informed of this right during questioning.

9. What amendment extended “due process” protections to state governments? The 14th Amendment, through its Due Process Clause, extended “due process” protections to state governments.

10. Which case provided “selective incorporation” of the right to counsel in state criminal trials if the defendant cannot afford one? Gideon v. Wainwright (1963) incorporated the right to counsel in state criminal trials under the 6th Amendment.

11. How does Gideon v. Wainwright case link to the 6th Amendment? The case ruled that states are required to provide attorneys for defendants in criminal cases who cannot afford one, ensuring the 6th amendment right to counsel applies to state trials.

12. Other Specific Cases - give details and results of each case:

4th Amendment Rights Cases: 

1. Florida v J.L.: Police received an anonymous tip about a person carrying a gun. They frisked J.L., a minor, without corroborating the tip. The Supreme Court ruled the search unconstitutional because an unverified tip does not justify a stop-and-frisk under the 4th Amendment.

2. Mapp v Ohio: Police searched Dollree Mapp’s home without a warrant and found obscene materials. The Supreme Court ruled that the exclusionary rule applies to state courts, preventing illegally obtained evidence from being used in trials.

3. U.S. v Leon: Evidence obtained with a defective search warrant was admitted in trial. The Supreme Court created the “good faith” exception to the exclusionary rule, allowing evidence if law enforcement reasonably believed the warrant was valid.