AP Government Unit 3: Civil Liberties and Civil Rights

Who wanted the Bill of Rights added to the Constitution?

Anti-Federalists

What protections are in the 4th Amendment that help maintain individual freedom?

- 4th Amendment: unreasonable search and seizures. The fourth Amendments protect innocent people. This amendment restrains police officers and other authority figure from randomly search and seizing random people who are innocent - INDIVIDUAL FREEDOM is the absence of restraint on our ability to think and act for ourselves. There is freedom of and freedom from. Being free from government oppression and regulation has only one

New York Times Co. v. United States (1971- civil liberties)

- If the government wishes to censor information before it is printed or published, it must be proven in court that the information will endanger national security. - Bolstered the freedom of the press, establishing a "heavy presumption against prior restraint" even in cases involving national security

Tinker v. Des Moines (1969- civil liberties)

- Public school students may wear armbands to class protesting against America's war in Vietnam when such display does not disrupt classes

Define selective incorporation

- Selective incorporation is a judicial doctrine where by most but not all of the protections, found in the Bill of Rights are made applicable to the states via the Fourteenth Amendment due process of law. - is a constitutional doctrine that ensures states cannot enact laws that take away the constitutional rights of American citizens that are enshrined in the Bill of Rights.

Schenck v. United States (1919-civil liberties)

- Speech may be punished if it creates a clear-and-present-danger test of illegal acts is not protected by the first amendment

Describe the purpose of the Bill of Rights?

- The Anti-Federalists held that a bill of rights was necessary to safeguard individual liberty. These rights made sure that if the government ever had too much power the people still had their rights protected. - They thought everyone knew what individual rights were, so they did not define them in the Constitution. However, the lack of specific guarantees of personal liberty was one of the main reasons why a number of states were reluctant to accept the Constitution.

Wisconsin v. Yoder (1972- civil liberties)

- The Court ruled that Wisconsin could not require Amish parents to send their children to public school beyond the eighth grade because it would violate long-held religious beliefs. - Compelling Amish students to attend school past the eighth grade violates the free exercise clause

Define Miranda Warnings

- The Miranda warning, which can also be referred as the Miranda rights, is a right to silence warning given by police in the United States to criminal suspects in police custody (or in a custodial interrogation) before they are interrogated to preserve the admissibility of their statements against them in criminal proceedings "You have the right to remain silent. Anything you say or do can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be appointed to you. Do you understand these rights as they have been read to you?"

Identify the protections guaranteed in the Bill of Rights?

- Their major objection to the new Constitution was its lack of a bill of rights. "Bills of rights" list the specific freedoms that governments cannot threaten or take away. - The Anti-Federalists believed that without a list of personal freedoms, the new national government might abuse its powers. They worried that it would destroy the liberties won in the Revolution.

Describe exceptions to the Miranda warnings

1. As we noted above, the Miranda rules only apply to custodial interrogation, not before. So until the interrogation has begun, police aren't required to provide a Miranda warning. But what constitutes interrogation? Generally, a request for identifying information is not considered an interrogation, so questions regarding your name, date of birth, and address are allowed without a Miranda warning. 2. Miranda rules also only apply to the government or "state agents." This obviously includes police officers or prosecutors, and obviously doesn't include private citizens -- so your neighbor Jeff doesn't need to Mirandize you before you confess to stealing his mower. But what about undercover agents or paid informants?

Identify the amendment that includes the Equal Protection Clause

14th Amendment

Define equal protection clause

A phrase in the Fourteenth Amendment to the United States Constitution requiring that states guarantee the same rights, privileges, and protections to all citizens.

What type of speech is protected?

Core political speech, expressive speech, and most types of commercial speech are protected under the First Amendment.

Roe v. Wade (1973- civil liberties)

Extended the right of privacy to a woman's decision to have an abortion

Title IX of Education Act of 1972

Forbids gender discrimination in federally subsidized education programs, including athletics. No person in the US shall, on the basis of sex, be excluded from participating in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving Federal financial assistance Impact: It was America's second step forward to preventing discrimination

Gideon v. Wainwright (1963- civil liberties)

Guaranteed the right to an attorney for the poor or indigent in a state felony case

Describe what role the National Organization of Women (NOW) had in the Women's Right Movement

NOW's purpose is to take action through intersection grassroots activism to promote feminist ideals, lead societal change, eliminate discrimination, and achieve and protect the equal rights of all women and girls in all aspects of social, political, and economic life. They pushed for change during the Women's Right Movement and were creating a path for women's rights

Define the Due process clause of the 14th Amendment

No state shall deprive any person of life, liberty, or property without due process of law

Define civil rights

Policies designed to protect people against arbitrary or discriminatory treatment by government officials or individuals.

Describe the expectations to prior restraint

Prior restraint is the censorship of speech by the government before the speech is published, distributed, or otherwise heard or read. ... Prior restraint can take many forms. For example, the government or a government agency may refuse to grant a permit or license to a group that seeks to engage in free expression. This is supposed to protect the people. This is supposed to be a check on the press. It's like a filter before things are sent out to the public.

Brown v. Board of Education (1954- Civil Rights)

Race based school segregation violates the equal protection clause

Describe which part of the constitution provides for selective incorporation

Selective incorporation is a constitutional doctrine that ensures states cannot enact laws that take away the constitutional rights of American citizens that are enshrined in the Bill of Rights. ... At its heart, selective incorporation is about the ability of the federal government to limit the states' lawmaking powers. This comes from the 14th amendment and in the Bill of Rights

McDonald v. Chicago (2010- civil liberties)

The Second Amendment right to keep and bear arms for self-defense is applicable to the states

Describe the ways government has responded to social movements

They have responded to social movements by making the changes that people were protesting about. Although, it may take some time eventually government gives in and makes changes. For Example: Women's Rights to Vote Civil Rights movements (give African Americans their rights)

McDonald v. Chicago (2010) incorporated the 2nd Amendment. What does this mean?

This means that McDonald v. Chicago (2010) narrowed the meaning of what it means to have the right to bear arms, and to what extent.

Describe the protections for the accused in the 6th Amendment

This protects citizens from waiting in prison for long periods of time. Allowing them a speedy trial

How does SCOTUS' interpretation of the First Amendment and second Amendment reflect a commitment to individual liberty?

This reflects the commitment to individual liberty because SCOUTUS allows people, through their rulings, to be free from external restraint in the exercise of those rights which are considered to be outside the province of a government to control

Describe a limitation on the freedom of speech

Your religious freedom are limited if they cause violence or show discrimination. Restrictions to religious freedom must be deemed to be necessary when the exercise of religious freedom detrimentally and disproportionately burdens another person's freedoms and rights.

Define exclusionary rule

a law that prohibits the use of illegally obtained evidence in a criminal trial.

Define affirmative action

an action or policy favoring those who tend to suffer from discrimination, especially in relation to employment or education; positive discrimination.

Define prior restraint

judicial suppression of material that would be published or broadcast, on the grounds that it is libelous or harmful. In US law, the First Amendment severely limits the ability of the government to do this. or being told to not publish something prior to it coming out

Can the government search your cell phone data without a warrant?

no they cannot unless they have probable cause

Identify who the Bill of Rights originally protected the people from?

protected the people the poor from the government overpowering them and the people in power

Describe the protections for the accused in the 5th Amendment

this amendment protects the people from self incriminating themselves and allowing them a trial.

Civil Rights Act of 1964

Background / facts: This act made racial, religious, and sex discrimination by employers illegal and gave the government the power to enforce all laws governing civil rights, including desegregation of schools and public places. Definition/ Explanation: Passed under the Johnson administration, this act outlawed segregation in public areas and granted the federal government power to fight black disfranchisement. The act also created the Equal Employment Opportunity Commission (EEOC) to prevent discrimination in the work place. Impact: Added more protections for people of color

Voting Rights Act of 1965

Background/ facts: a law designed to help end formal and informal barriers to African-American suffrage. This was passed as a Great Society program under the Johnson administration. It prohibited the use of literacy tests as a part of the voter registration process which were initially used as a method to control immigration to the United States during the 1920s. The act enabled federal examiners to register anyone who qualified in the South, giving the power of the vote to underrepresented minorities. Definition/ Explanation: A law passed at the time of the civil rights movement. It eliminated various devices, such as literacy tests, that had traditionally been used to restrict voting by black people. Impact: This finally gave African Americans a voice in the United States. This gave the U.S. a push in a direction of change

Define symbolic speech

The government may regulate conduct that communicates if it has an important interest unrelated to the suppression of the message and if the impact on communication is no greater than necessary to achieve the government's goal. Ex. Flag Burning: Protected speech. Form of political protest. Nude Dancing: Not protected speech - may be protected.

Why wasn't the Bill of Rights included in the original Constitution?

did not need a bill of rights, because the people and the states kept any powers not given to the federal government.

Describe what limits have been put on speech to maintain public order (exceptions to freedom of speech)

exceptions have been made for speech that violates the legal rights of others, or because of compelling governmental interests. Examples of these categories include incitement, true threats, and fighting words.

Engel v. Vitale (1962 - Civil liberties)

- Prohibited state-sponsored recitation of prayer in public schools by virtue of 1st Amendment's establishment clause and the 14th Amendment's due process clause; Warren Court's judicial activism. - School sponsorship of religious activities violates the establishment clause

Describe how the Supreme Court has bolstered freedom of the press.

- freedom of the press. The right to circulate opinions in print without censorship by the government. Americans enjoy freedom of the press under the First Amendment (see also First Amendment) to the Constitution. - Freedom of the press in the United States is legally protected by the First Amendment to the United States Constitution. This amendment is generally understood to prevent the government from interfering with the distribution of information and opinions. - "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."

Describe what Martin Luther King Jr argued for in Letter From a Birmingham Jail. List at least 5 big takeaways

1. The letter defends the strategy of nonviolent resistance to racism. 2. People can't wait, but must actively break unjust segregation laws nonviolently. 3. The refusal to obey unjust laws 4.He wanted to persuade his audience to break unjust laws 5. Just laws uphold humanity and unjust laws degrade humanity.

Describe the facts, constitutional provision, and precedent set by Tinker v. Des Moines School District (1969)

Facts of the Case A group of students held a meeting in the home of 16 year old Christopher Eckhardt to plan a public showing of their support for a truce in the Vietnam war. They decided to wear black armbands throughout the holiday season and fast. Principals learned of plan and created a policy that stated any student with armband would be asked to remove it, with refusal to do so resulting in suspension. May Beth Tinker and Chris Eckhardt wore their armbands to school and were sent home. John Tinker did same thing with the same result. Students sued the school district for violating the students right of expression and sought an injunction to prevent the school district from disciplining the students. District court dismissed case and held school district's actions were responsible to uphold school discipline US Court of Appeals affirmed the decision. Issues Involved Does a prohibition against the wearing of armbands in public school, as a form of symbols protest, violate the students' freedom of speech protections guaranteed by the First Amendment? Dissenting Opinion It is a myth to say any person has a constitutional right to say what he pleases etc. Tinker's armbands did indeed cause a disturbance by taking students' minds off their classwork. Overly limited their control over the schools Concurring Opinion Court continues to differentiate between communicating by words and communicating by acts. Children not necessarily guaranteed full extent of First Amendment rights. Majority Opinion Court decided armbands represented pure speech that is entirely separate from the actions or conduct of those participating in it. Students didn't lose their First Amendment right to freedom of speech in school. To justify the suppression school officials must prove it interfered with operation of the school.

Describe the facts, constitutional provision, and precedent set by Gideon v. Wainwright (1963)

Facts: Clarence Earl Gideon was charged in Florida state court with felony breaking and entering. When he appeared in court without a lawyer, Gideon requested that the court appoint one for him. According to Florida state law, however, an attorney may only be appointed to an indigent defendant in capital cases, so the trial court did not appoint one. Gideon represented himself in trial. He was found guilty and sentenced to five years in prison. Gideon filed a habeas corpus petition in the Florida Supreme Court, arguing that the trial court's decision violated his constitutional right to be represented by counsel. The Florida Supreme Court denied habeas corpus relief. Question: Does the Sixth Amendment's right to counsel in criminal cases extend to felony defendants in state courts? Conclusion: In a unanimous opinion authored by Justice Hugo L. Black, the Court held that it was consistent with the Constitution to require state courts to appoint attorneys for defendants who could not afford to retain counsel on their own. The Court reasoned that the Sixth Amendment's guarantee of counsel is a fundamental and essential right made obligatory upon the states by the Fourteenth Amendment. The Sixth Amendment guarantees the accused the right to the assistance of counsel in all criminal prosecutions and requires courts to provide counsel for defendants unable to hire counsel unless the right was competently and intelligently waived. Justice Douglas, while joining the Court's opinion, elaborated, in a separate opinion, the relation between the Bill of Rights and the first section of the Fourteenth Amendment.

Describe the facts, constitutional provision, and precedent set by Roe v. Wade (1973)

Facts: Roe, a Texas resident, sought to terminate her pregnancy by abortion. Texas law prohibited abortions except to save the pregnant woman's life. After granting certiorari, the Court heard arguments twice. The first time, Roe's attorney -- Sarah Weddington -- could not locate the constitutional hook of her argument for Justice Potter Stewart. Her opponent -- Jay Floyd -- misfired from the start. Weddington sharpened her constitutional argument in the second round. Her new opponent -- Robert Flowers -- came under strong questioning from Justices Potter Stewart and Thurgood Marshall. Question: Does the Constitution embrace a woman's right to terminate her pregnancy by abortion? Conclusion: 7-2 ruling The Court held that a woman's right to an abortion fell within the right to privacy (recognized in Griswold v. Connecticut) protected by the Fourteenth Amendment. The decision gave a woman total autonomy over the pregnancy during the first trimester and defined different levels of state interest for the second and third trimesters. As a result, the laws of 46 states were affected by the Court's ruling.

Describe the facts, constitutional provisions, and precedent set by New York Times v. United States (1971)

Facts: 6-3 ruling In what became known as the "Pentagon Papers Case," the Nixon Administration attempted to prevent the New York Times and Washington Post from publishing materials belonging to a classified Defense Department study regarding the history of United States activities in Vietnam. The President argued that prior restraint was necessary to protect national security. This case was decided together with United States v. Washington Post Co. Question: Did the Nixon administration's efforts to prevent the publication of what it termed "classified information" violate the First Amendment? Conclusion: Yes. In its per curiam opinion the Court held that the government did not overcome the "heavy presumption against" prior restraint of the press in this case. Justices Black and Douglas argued that the vague word "security" should not be used "to abrogate the fundamental law embodied in the First Amendment." Justice Brennan reasoned that since publication would not cause an inevitable, direct, and immediate event imperiling the safety of American forces, prior restraint was unjustified.

Describe the facts, constitutional provision, and precedent set by Schenck v. United States (1919)

Facts: During World War I, socialists Charles Schenck and Elizabeth Baer distributed leaflets declaring that the draft violated the Thirteenth Amendment prohibition against involuntary servitude. The leaflets urged the public to disobey the draft, but advised only peaceful action. Schenck was charged with conspiracy to violate the Espionage Act of 1917 by attempting to cause insubordination in the military and to obstruct recruitment. Schenck and Baer were convicted of violating this law and appealed on the grounds that the statute violated the First Amendment. Question: Did Schenck's conviction under the Espionage Act for criticizing the draft violate his First Amendment right to freedom of speech? conclusion: 6-3 ruling The Court held that the Espionage Act did not violate the First Amendment and was an appropriate exercise of Congress' wartime authority. Writing for a unanimous Court, Justice Oliver Wendell Holmes concluded that courts owed greater deference to the government during wartime, even when constitutional rights were at stake. Articulating for the first time the "clear and present danger test," Holmes concluded that the First Amendment does not protect speech that approaches creating a clear and present danger of a significant evil that Congress has power to prevent. Holmes reasoned that the widespread dissemination of the leaflets was sufficiently likely to disrupt the conscription process. Famously, he compared the leaflets to shouting "Fire!" in a crowded theatre, which is not permitted under the First Amendment.

Describe the facts, constitutional clause, and the precedent set by Wisconsin v. Yoder (1972)

Facts: Jonas Yoder and Wallace Miller, both members of the Old Order Amish religion, and Adin Yutzy, a member of the Conservative Amish Mennonite Church, were prosecuted under a Wisconsin law that required all children to attend public schools until age 16. The three parents refused to send their children to such schools after the eighth grade, arguing that high school attendance was contrary to their religious beliefs. Issue: Did Wisconsin's requirement that all parents send their children to school at least until age 16 violate the First Amendment by criminalizing the conduct of parents who refused to send their children to school for religious reasons? Conclusion: In a unanimous decision, the Court held that the individual's interests in the free exercise of religion under the First Amendment outweighed the State's interests in compelling school attendance beyond the eighth grade. In the majority opinion by Chief Justice Warren E. Burger, the Court found that the values and programs of secondary school were "in sharp conflict with the fundamental mode of life mandated by the Amish religion," and that an additional one or two years of high school would not produce the benefits of public education cited by Wisconsin to justify the law. Justice William O. Douglas filed a partial dissent but joined with the majority regarding Yoder. Holding: The Wisconsin Compulsory School Attendance Law violated the Free Exercise Clause of the First Amendment because required attendance passed the eighth grade interfered with the right of Amish parents to direct the religious upbringing of their children. Supreme Court of Wisconsin affirmed.

Describe the facts, constitutional clause, and precedent set by Engel v. Vitale (1962)

Facts: The Board of Education for New Hyde Park, New York directed children at the start of each school day to pray a particular prayer. Parents often Jewish students brought an action in the New York State Court challenging the constitutionality of the state law authorizing the prayer and the district's use of prayer in public school. Verdict: Case is brought in New York State Court - that court rules that the law and the exercise of it do not violate the Establishment Clause. Court of Appeals sustains the lower court ruling and upholds New York's ability to use a prayer so long as the schools do not compel any student to join the prayer. Issue: Does a State law allowing schools to lead students in prayer violate the Establishment Clause? Is the law still in violation if the State permits students who do not wish to join in prayer that opportunity? Ruling: Religious prayer that is sanctioned by State law in violation of the Establishment Clause of the Constitution Overall: the justices thought that forcing a morning prayer was unconstitutional and in violation of the establishment clause

Describe the facts, constitutional provisions, and precedent set by McDonald v. Chicago (2010)

Facts: The Court held that the right of an individual to "keep and bear arms" protected by the 2nd Amendment is incorporated by the Due Process Clause of the 14th Amendment and applies to the states. The decision cleared up the uncertainty left in the wake of District of Columbia v. Heller as to the scope of gun rights in regard to the states. Several suits were filed against Chicago and Oak Park in Illinois challenging their gun bans after the Supreme Court issued its opinion in District of Columbia v. Heller. In that case, the Supreme Court held that a District of Columbia handgun ban violated the Second Amendment. There, the Court reasoned that the law in question was enacted under the authority of the federal government and, thus, the Second Amendment was applicable. Here, plaintiffs argued that the Second Amendment should also apply to the states. The district court dismissed the suits. On appeal, the U.S. Court of Appeals for the Seventh Circuit affirmed. Question: Does the Second Amendment apply to the states because it is incorporated by the Fourteenth Amendment's Privileges and Immunities or Due Process clauses and thereby made applicable to the states? Conclusion: 5-4 ruling The Supreme Court reversed the Seventh Circuit, holding that the Fourteenth Amendment makes the Second Amendment right to keep and bear arms for the purpose of self-defense applicable to the states. With Justice Samuel A. Alito writing for the majority, the Court reasoned that rights that are "fundamental to the Nation's scheme of ordered liberty" or that are "deeply rooted in this Nation's history and tradition" are appropriately applied to the states through the Fourteenth Amendment. The Court recognized in Heller that the right to self-defense was one such "fundamental" and "deeply rooted" right. The Court reasoned that because of its holding in Heller, the Second Amendment applied to the states. Here, the Court remanded the case to the Seventh Circuit to determine whether Chicago's handgun ban violated an individual's right to keep and bear arms for self-defense.

Describe the facts, constitutional provision, and precedent set by Brown v. Board of education

Separate is not equal Facts: This case was the consolidation of cases arising in Kansas, South Carolina, Virginia, Delaware, and Washington D.C. relating to the segregation of public schools on the basis of race. In each of the cases, African American students had been denied admittance to certain public schools based on laws allowing public education to be segregated by race. They argued that such segregation violated the Equal Protection Clause of the Fourteenth Amendment. The plaintiffs were denied relief in the lower courts based on Plessy v. Ferguson, which held that racially segregated public facilities were legal so long as the facilities for blacks and whites were equal. (This was known as the "separate but equal" doctrine.) Question: Does the segregation of public education based solely on race violate the Equal Protection Clause of the Fourteenth Amendment? Conclusion: 9-0 ruling Separate but equal educational facilities for racial minorities is inherently unequal, violating the Equal Protection Clause of the Fourteenth Amendment. Chief Justice Earl Warren delivered the opinion of the unanimous Court. The Supreme Court held that "separate but equal" facilities are inherently unequal and violate the protections of the Equal Protection Clause of the Fourteenth Amendment. The Court reasoned that the segregation of public education based on race instilled a sense of inferiority that had a hugely detrimental effect on the education and personal growth of African American children. Warren based much of his opinion on information from social science studies rather than court precedent. The decision also used language that was relatively accessible to non-lawyers because Warren felt it was necessary for all Americans to understand its logic.

Describe the exceptions to the 4th Amendment.

Some of the more significant exceptions to the warrant requirement are discussed below. Exigent Circumstances. A warrantless search is permitted when probable cause to search exists and officers reasonably believe that contraband or other evidence may be destroyed or removed before a search warrant could be obtained.

Describe where the constitutional right to privacy comes from

The right to privacy is alluded to in the Fourth Amendment to the US Constitution, which states, "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath ...

Define free exercise clause

The supreme court has held that American citizens are free to believe any religious doctrine they choose and that the government has no right to interfere in that decision

Does the Free exercise clause or the establishment clause protect majoritarian religions? Explain?

Yes, because majoritarianism is a traditional political philosophy or agenda that asserts that a majority (sometimes categorized by religion, language, social class, or some other identifying factor) of the population is entitled to a certain degree of primacy in society, and has the right to make decisions that affect the society

Describe how social movements are used to achieve change in government policy

social movements achieve change by putting pressure on on the government and people in power to change certain policy.

Define establishment clause

the clause in the First Amendment of the US Constitution that prohibits the establishment of religion by Congress.