Unit 2: Civil Rights & Civil Liberties

court cases

amendments

civil rights

civil liberties

1st amendment

establishment clause

free exercise clause

speech

2nd amendent

McDonald v Chicago

Engel v Vitale

eliminated mandatory prayer in public school

1962

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

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

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

1

establishment clase

free exercise clause

protects freedom of speech, press, religion, and peaceful protest/assembly

prohibits gov from establishing an official national/state religion

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

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 act of 1964

equal rights amendment

outlawed segregation in public facilities

prohibited discrimination on the basis of race, gender, or religion

legislative pieces that ensure equality within the law

not in the bill of rights, deal with legal protections

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)

Mapp v Ohio (1961) related but didn't have affect on obscenity rules themsleves

"I'll know it when I see it"

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

symbolic speech

Texas v Johnson (1993) burning American flags protected as symbol of speech

speech plus

symbols representing speech protected

Tinker vD es Moines (1969) Vientam arm band protest