Civil Rights & Liberties

• The American public generally believes the right to privacy is in the Constitution, though it is not explicitly stated.
• The Supreme Court has not fully supported all aspects of the Americans with Disabilities Act.

Civil Liberties vs. Civil Rights

• Civil liberties are protections against government actions found in the Bill of Rights.
• Civil rights are policies protecting people from discrimination by government or individuals.

Landmark Court Cases and Amendments

• Brown v. Board of Education overturned the "separate but equal" doctrine.
• The First Amendment typically prohibits prior restraint, which is government prevention of material from being published.
• In 2003, the Supreme Court upheld affirmative action as a factor for college admission to promote racial diversity.
• The Establishment Clause in the First Amendment prevents Congress from establishing a religion.
• The Fourteenth Amendment contains the privileges and immunities clause, the due process clause and the equal protection clause, applying to state governments.
• Gideon v. Wainwright established the right to a lawyer for felony defendants facing imprisonment, even if they cannot afford one.

Incorporation Doctrine

• Incorporation doctrine applies the Bill of Rights to the states through the Fourteenth Amendment.

First Amendment Freedoms

• The First Amendment protects freedom of press, speech, religion, assembly, and petition.

Supreme Court Cases and the Bill of Rights

• Barron v. Baltimore (1833) ruled that the Bill of Rights initially only restrained the national government.
• Gitlow v. New York (1925) began the incorporation process, protecting freedoms of press and speech from state impairment via the Fourteenth Amendment.

Religion and the First Amendment

• The Free Exercise Clause prevents the government from interfering with religious practices.
• Lemon v. Kurtzman (1971) set the Lemon Test, which determines if aid to religious schools is constitutional.
  • The Lemon Test requires the aid to have a secular purpose, not advance or inhibit religion, and avoid excessive government entanglement.
• Government-sponsored or encouraged prayer in public schools is unconstitutional.

Freedom of Speech and the Press

• Prior restraint is generally unconstitutional in the U.S. due to the First Amendment.
• Near v. Minnesota (1931) is a landmark case involving prior restraint.
• Schenck v. United States (1919) allows the government to limit speech that creates a "clear and present danger".
• Roth v. United States (1957) declared obscenity is not protected by the First Amendment.
• Texas v. Johnson (1989) protected flag burning as symbolic speech under the First Amendment.
• Symbolic speech is nonverbal communication, like flag burning or wearing armbands, and is sometimes protected by the First Amendment.
• Commercial speech, such as advertising, has increasing Supreme Court protection, though it can be restricted more than other speech forms.
• New York Times v. Sullivan requires public figures to prove "actual malice" in libel cases.

Rights of Assembly and the Accused

• NAACP v. Alabama (1958) protected the right to assemble peaceably, preventing Alabama from requiring the NAACP to reveal its membership list.
• Probable cause is needed for police to legally search someone without a warrant.
• Probable cause is defined as reasonable grounds for police to believe that a person should be arrested.
• The USA Patriot Act enhances government surveillance abilities for investigating terrorism suspects.
• Mapp v. Ohio led to the development of the exclusionary rule.
• The Fifth Amendment protects against coerced confessions and entrapment.
• The Fifth Amendment also protects against double jeopardy, meaning being tried twice for the same crime.

Privacy and Abortion

• The Supreme Court has ruled that states can limit abortions if the regulations do not pose an "undue burden" on women.
• The right to privacy was used to address the constitutionality of laws prohibiting contraception.
• The right to privacy was created by the judicial branch under the Supreme Court.

School Vouchers and Religion

• Zelman v. Simmons-Harris allowed vouchers to be used for tuition at religious schools.

Terrorism and Surveillance

• The USA Patriot Act aims to help the government detect and prevent terrorism.
• The Foreign Intelligence Surveillance Act (FISA) was enacted in 2008 to limit the communications of foreign suspects. This act limits the federal government.

Religion and Animal Sacrifice

• Church of the Lukumi Babalu Aye, Inc. v. City of Hialeah prohibits governments from banning animal sacrifices if other forms of animal killing are permitted.

Military Detention

• The Military Commissions Act of 2006 allowed the government to jail detainees without habeas corpus.

Capital Punishment

• Opponents argue the death penalty violates the Eighth Amendment.

Key Terms

• Bill of Rights: The first 10 amendments, guaranteeing basic liberties and rights of the accused.
• Fourteenth Amendment: Declares that no state shall deprive citizens of privileges or immunities, due process, or equal protection.
• Due Process Clause: Ensures the U.S. and state governments cannot deprive anyone of life, liberty, or property without due process.
• Establishment Clause: States that Congress shall make no law respecting an establishment of religion.
• Free Exercise Clause: Prevents the government from interfering with the practice of religion.
• Prior Restraint: Government actions that prevent material from being published.
• Libel: Publishing false and malicious statements damaging someone’s reputation.
• Symbolic Speech: Nonverbal communication.
• Commercial Speech: Communication in the form of advertising.
• Probable Cause: Reasonable grounds for believing someone is guilty of a crime.
• Unreasonable Search and Seizure: Obtaining evidence unlawfully, prohibited by the Fourth Amendment.
• Search Warrant: Written authorization from a court to search a specific area for specific items.
• Exclusionary Rule: Evidence obtained unconstitutionally cannot be introduced in a trial.
• Plain Sight Rule: Allows officers to seize evidence of a crime without a warrant if the evidence is clearly visible.
• Fifth Amendment: Protects against double jeopardy, self-incrimination, and punishment without due process.
• Eighth Amendment: Forbids cruel and unusual punishment.
• Right to Privacy: The right to a private life free from government intrusion.

Key Supreme Court Cases

• Zurcher v. Stanford Daily (1976): Ruled that a search warrant could be applied to a newspaper without violating the First Amendment right to freedom of the press.
• Miami Herald Publishing Co. v. Tornillo (1974): States cannot force a newspaper to print replies from candidates it has criticized.
• Red Lion Broadcasting Co. v. Federal Communications Commission (1969): Upheld restrictions on radio and television broadcasting due to limited frequencies.
• Miranda v. Arizona (1966): Established guidelines for police questioning to protect against self-incrimination and ensure the right to counsel.
• Gregg v. Georgia (1976): Upheld the constitutionality of the death penalty.
• McCleskey v. Kemp (1987): Upheld the death penalty despite claims of racial bias in its application.
• Roe v. Wade (1973): Ruled a Texas ban on abortions unconstitutional, establishing different levels of state control during trimesters.
• Planned Parenthood v. Casey (1992): Shifted the standard for evaluating abortion restrictions to whether they impose an "undue burden" on women.
• School District of Abington Township, Pennsylvania v. Schempp (1963): Ruled that mandatory Bible reading in schools violated the Establishment Clause.