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Unit 2: Civil Rights & Civil Liberties - Coggle Diagram
Unit 2: Civil Rights & Civil Liberties
court cases
1st amendment
establishment clause
Engel v Vitale
eliminated mandatory prayer in public school
1962
free exercise clause
Wisconsin v Yoder
1972
children have to attend schools through the 8th grade
forcing kids to go to school past 8th grade violates the Amish religion so free exercise of religion outweighs school attendence
speech
Tinker v Des Moines
students protesting Vietnam war with black arm bands, court ruled in their favor
protected symbolic speech & established public school students have a certain degree of free speech
can be limited if the speech would cause a substantial disruption to the learning enviornment
New York Times Co v US
pentagon papers
enforced freedom of press
established prior restraint doctrine
1971
Schenck v US
1919
clear & present danger doctrine established
if speech initiates a serious threat to the general public it is not constitutionally protected
2nd amendent
McDonald v Chicago
2010
reasonable gun restrictions allowed, in general shouldn't be restricted
widened scope of 2nd
4th amendment
Mapp v Ohio
1961
exculsioanry rule esablished
evidence unlawfully siezed cannot be used in court
6th amendment
Gideon v Wainwright
1963
right to legal counsel/attorney provided if needed established
14th amendment
Brown v Board
ruled separate but equal is unconstitutional in education
1954
amendments
1
establishment clase
prohibits gov from establishing an official national/state religion
free exercise clause
freedom to excersise religion
old standard
used until 1944
burden of proof was on state to establish why they were limiting exercise of religion
new standard
burden of proof is on individual to prove why the restricted practice in question is essential to their religion
Religious Freedom Restoration Act (RFRA)
puts more burden on states again
ensures interests in religious freedom are protected
protects freedom of speech, press, religion, and peaceful protest/assembly
2
establishment of a well regulated militia + the right to bear arms
4
protections against unreasonable searches and seizures
protection against self incrimination
Miranda rights
5
double jeopardy clause
cant be tried for the same charge twice at the same court level
grand jury indictment
people accused of federal crimes have a jury decide if there is enough evidence for the case to withstand trial
protections against self incrimination
right to remain silent "pleading the 5th"
6
right to speedy & public trial
trial by jury
accused can gather witness in the name of the defense and cross examine the prosecutions witnesses
8
excessive bail unconsitutional
protects criminals against cruel and unusual punishment
9
enumeration of other rights
used to stretch privacy clauses
14
expansion of citizen rights
incorporated states in bill of rights
combat dred scott
ruling hat said blacks will never be equal becuase they were not born to be equal
civil rights
civil rights act of 1964
outlawed segregation in public facilities
prohibited discrimination on the basis of race, gender, or religion
equal rights amendment
legislative pieces that ensure equality within the law
not in the bill of rights, deal with legal protections
civil liberties
freedoms protected in the bill of rights & consitution
speech doctrines
bed tendency
speech can be restricted when it can lead to something bad happening as a result of it
clear and present danger
speech can be restricted if it has the effect of creating an immense threat to public saftey
Schenck v US (1919)
preferred position
speech has a priority (preferred position) over other civil libertiies/rights becuase of how vital it is to the democracy, it is the most protected civil liberty
prior restraint
gov can't bar certain content of speech before it is given unless it is a national security threat
New York Times Co v US (1971)
pentagon papers case
over breadth
gov needs extremely specific reasons and means in restricting speech, average person needs to understand
vagueness
reason for limiting/what is being limited must be extremely explicit
least drastic means
limiting speech must be the last resort to solve the issue at hand, all other avenues must be exhausted primarily
obscenity
speech/press/material for general public consumption can't be overly obscene
Miller v California (1973)
"I'll know it when I see it"
Mapp v Ohio (1961) related but didn't have affect on obscenity rules themsleves
commercial speech
can't falsely advertise/not explain what a product does and claim free speech
most restricted form of speech
freedom of the press
reinforced by pentagon papers case NYT Co v US (1971)
speech in special places
speech in schools, military, and war times/specific situations can be restricted
Tinker vD es Moines (1969) Vientam arm band protest
symbolic speech
Texas v Johnson (1993) burning American flags protected as symbol of speech
speech plus
symbols representing speech protected