Unit 3: Civil Liberties and Civil Rights

Constitutional freedoms guaranteed to all citizens

• Civil Liberties
• Wisconsin v. Yoder (1972)
• New York Times v. US
• Heavy Presumption against Prior Restraint

the rights of citizens to political and social freedom and equality.

• Civil Rights
• Civil Liberties
• Selective Incorporation (Incorporation doctrine or nationalization)
• 14th Amendment due process clause

outlawed discrimination based on race, color, religion, sex, or national origin

• Civil Rights Act of 1964
• Civil Rights
• Free Exercise Clause
• Schenk v. US (1919)

established in Schenck v United States (1919), it gives the government the right to censor free speech if, during national emergencies such as war, it can be proven that the result of the speech will significantly hurt national security.

• Clear and present danger doctrine
• Civil Rights
• Sixth Amendment
• Levels of Scrutiny

Clause in the First Amendment that says the government may not establish an official religion.

• Establishment Clause
• Free Exercise Clause
• Equal Protection Clause
• Due Process Clause

the doctrine established by Plessy v Ferguson (1896) that African Americans could constitutionally be kept in separate but equal facilities

• separate but equal doctrine
• Voting Rights Act (1965)
• Gideon v. Wainwright (1963)
• Exclusionary rule and exceptions

It outlawed the discriminatory voting practices adopted in many southern states after the Civil War, including literacy tests as a prerequisite to voting

• Voting Rights Act (1965)
• New York Times v. US
• Civil Rights Act of 1964
• Civil Liberties

nor shall any state deprive any person of life, liberty, or property, without due process of law

• 14th Amendment due process clause
• Voting Rights Act (1965)
• Establishment Clause
• Miranda Rule

no state shall deny to any person within its jurisdiction "the equal protection of the laws"

• 14th Amendment equal protection clause
• Free Exercise Clause
• symbolic speech
• Heavy Presumption against Prior Restraint

Government censorship of information before it is published or broadcast

• Prior restraint
• Selective Incorporation
• Brown v. Board of Education (1954)
• "Injustice anywhere is a threat to justice everywhere."