NEED TO KNOW: Unit 6
CIVIL LIBERTIES AND CIVIL RIGHTS
Chapter 5
CIVIL LIBERTIES
14th Amendment
 Incorporation
 14th Amendment used to apply BoR to states
 Selective Incorporation
 Not all BoR apply
 Case by Case basis
 Due Process Clause
 Civil Liberties
 Equal Protection Clause
 Civil Rights
Cases to Know - Incorporation
 Barron v. Baltimore
 BoR only applies to states
 Gitlow v. New York
 1st incorporation case - Speech
 Palko v. Connecticut
 Begins Selective Incorporation
 Near v. Minnesota
 Press
 Everson v. BOE
 Establishment Clause
 Mapp v. Ohio
 4th Amendment
 Gideon v. Wainwright
 6th Amendment
Freedom of Religion
 Establishment Clause
 No Govt-sponsored religion
 Wall-of-Separation
 Free-Exercise Clause
 Religious Practices
 Religion & Schools
 Basically, all religions allowed, but not all religious
practices
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Ex, Polygamy, Peyote
Freedom of Religion Cases
 Engel v. Vitale
 Lemon v. Kurtzman
 Reynolds v. US
 Oregon v. Smith
 Lee v. Weisman
 Jacobson v. Massachusetts
 West Virginia v. Barnette
 Wisconsin v. Yoder
 Abington v. Schempp
 Wallace v. Jaffree
Freedom of Expression
 Speech, Press, Petition, Assembly, Association
 Needed in Democratic Society
 Symbolic Speech
 Preferred Position
 Limits not OK unless absolutely necessary
 “Clear-and-Present Danger” Test
 Libel, Obscenity, Sedition
 Time-place-manner restrictions
 Prior Restraint
 Stopping speech before it happens
 Rarely ever ok
Freedom of Expression Cases
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Schenck v. US
Dennis v. US
Texas v. Johnson
Miller v. California
Roth v. US
Tinker v. Des Moines
Chaplinsky v. New Hampshire
Hazelwood v. Kulheimer
NYT v. US
NYT v. Sullivan
Brandenburg v. Ohio
NAACP v. Alabama
Boy Scouts of America v. Dale
Rights of the Accused
 Due Process
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Substantive Due Process – Laws must be fair
Procedural Due Process – Procedures must be fair
 4th Amendment
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No Unlawful Searches and Seizures
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Probable Cause, “In Plain View”
Exclusionary Rule
Good-Faith Exception
 5th Amendment
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Absolute Right to remain silent
 6th Amendment
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Attorney must be provided (public defender’s office)
 8th Amendment
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Death Penalty not “cruel and unusual” if applied fairly
Rights of the Accused Cases
 Mapp v. Ohio
 Katz v. US
 California v. Acevedo
 US v. Leon
 New Jersey v. TLO
 Miranda v. Arizona
 Escobedo v. Illinois
 Gideon v. Wainwright
 Furman v. Georgia; Gregg v. Georgia
Chapter 6
CIVIL RIGHTS
Civil Rights
 Civil Rights vs. Civil Liberties
 Suspect Classifications
 Race – inherently suspect
 Gender – more than reasonable
 Age, wealth, etc – reasonableness
 14th Amendment – Equal Protection Clause
Race
 “Separate-but-Equal” Doctrine – Jim Crow Laws
 The CRM in the Courts
 Brown v. BOE
 Implementing Brown – very slow – BUSING
 CRM Demonstrations
 Sit-ins, Marches
 The CRM in Congress
 Civil Rights Act of 1964
 Voting Rights Act of 1965
 De Jure vs. De Facto Segregation
Civil Rights (Race) Cases
 Scott v. Sanford
 Plessy v. Ferguson
 Brown v. Board of Ed
 Swann v. Charlotte-Mecklenburg Board of Ed
 Korematsu v. US
Gender & LGBT
 Women
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19th Amendment
ERA – Failure
Gender Discrimination
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Not Strict Scrutiny like race
 Privacy and Abortion
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Right to Privacy does exist
Abortion legal
Can be limited if limits are reasonable
 LGBT
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DOMA
Don’t Ask, Don’t Tell
Fight for Marriage Rights
Civil Rights (Gender and LGBT) Cases
 Reed v. Reed
 Rostker v. Goldberg
 US v. Virginia
 Griswold v. Connecticut
 Roe v. Wade
 Webster v. Reproductive Health Services
 Planned Parenthood v. Casey
 Lawrence v. Texas
 Windsor v. US
Affirmative Action
 Preferential treatment for minorities to correct past
injustice
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Hiring & College Admissions
 Equality of Result vs. Equality of Opportunity
 Most Americans against Affirmative Action
 Though Polls often indicate that they are split
 Courts have been very contradictory
 Some states are banning affirmative action
 California Prop 209
Affirmative Action Cases
 Regents of University of California v. Bakke
 Gratz v. Bollinger
 Grutter v. Bollinger
 Adarand Constructors v. Pena