AP United States Government & Politics

AMSCO Chapter 7 - Individual Liberties

https://docs.google.com/document/d/1mWBk1IYoKl_ZRL1ujf8SX-PpjjTmi6C70ZepXNZmItY/copy

Essential question: How do Supreme Court decisions on the First and Second Amendments and the relationship
of those amendments to the Fourteenth Amendment reflect a commitment to individual liberties?

1 Provide examples of basic
protections from
government that are
included in the original
Constitution.
freedom of speech, religion and the press; the right to bear and keep arms;
the right to peaceably assemble; protection from unreasonable search and
seizure; and the right to a speedy and public trial by an impartial jury.

2 Define civil liberties. guarantees and freedoms that liberal governments commit not to abridge

3 Big Idea: Governmental laws and policies balancing order and liberty are based on the U.S. Constitution
and have been interpreted over time.

Must-Know Supreme Court Decision

4 Schenck v. United States Amendment - first

(1919)
Ruling - speech representing a clear and present danger is not protected

5 Tinker v. Des Moines Amendment - first

Independent Community
School District (1969) Ruling - students in public schools are allowed to wear armbands as
symbolic speech

6 New York Times v. United Amendment - first

States (1971)
Ruling - government cannot exercise prior restraint

7 Engel v. Vitale (1962) Amendment - first

Ruling - school conducted religious activities violated the establishment

clause

8 Wisconsin v. Yoder (1972) Amendment - first

 Ruling - requirements that amish students attend school past eighth grade
violates the free exercise clause

9 McDonald v. Chicago Amendment - second

(2010)
Ruling - the right to keep and bear arms for self defense in one's home
applies to the states

10 Gideon v. Wainwright Amendment - sixth

(1963)
Ruling - states must provide poor defendants an attorney to guarantee a fair
trial

11 Roe v. Wade (1973) Amendment - third, first, fourth, fifth, ninth

Ruling - the right of a womens privacy extends to a womens decision to

have an abortion

A Culture of Civil Liberties

12 What is the public interest Public interest is the welfare or well being of the general public.
and how does it relate to Ex- liberties of minors are limited for the sake of public interest
civil liberties?

13 What is the process of The Supreme Court's choice to apply these rights to the states one at a time
selective incorporation? rather than all at once.

14 What does due process Ensures fair procedures when the government burdens or deprives an
ensure? individual

15 Which amendment in the The fifth amendment. Gave all people freedom and stated that they cannot
Bill of Rights contains a due be deprived of life, liberty, and property.
process clause? How did the
Fourteenth Amendment
strengthen due process?

16 Which rights in the Bill of 5&7

Rights are not yet
incorporated?
The First Amendment: Free Speech and Free Press

17 Free speech is not absolute. A purpose important enough to justify the infringement of personal liberties
Federal and state
governments have to show
compelling governmental
interest. Explain this
concept.

18 In what instances is free Speech that invites danger, obscene, or violate existing law
speech not protected by the
First Amendment?

19 What is prior restraint? The right to stop spoken or printed expression in advance

Must-Know Supreme Court Decision: Schenck v. United States (1919)

20 Schenck v. United States Amendment - first

(1919)
Ruling - that the freedom of speech protection afforded in the U.S.
Constitution's First Amendment could be restricted if the words spoken or
printed represented to society a “clear and present danger

21 Explain the reasoning
behind the Supreme Court’s
decision. Take into account
the context in which the
pamphlet was published.
The court recognized the context of an expression need to be considered to
determine its constitutionality. The harm from the circular overrode
schencks right to publish and distribute it.

22 Describe the “clear and It was an effort to dissuade people from complying with the draft. It created
present danger” the the clear and present danger test.
pamphlet was seen to create.
What practical effect on the
United States would that
danger have had?

23 Explain how later Court
decisions reinterpreted or
refined the “clear and
present danger” test for
protected or unprotected
speech. In other words, how
were the opinions in
Schenck similar to and
different from those in
Abrams and Brandenburg?
The rulings in both of those cases were the same. Some differences were that
in Abrams they voted to overturn the conviction and wrote dissenting
opinions declaring the court should have such convictions only if the speech
produced or intended clear and present danger. In Brandenburg the court
ruled that such speech could only be punished if it meant to incite or produce
such action.
24 What was the 1940 Smith A law that made advocating the overthrow of any government in the US a
Act? criminal act.

25 In United States v. O’Brien Burning or destroying draft cards

(1968), the Court ruled that
this symbolic act was not
protected?

26 Provide two examples of Sit ins, marches

symbolic speech that have
been protected by the Court.

27 List the four components of Content neutral, significant government interest, narrowly tailored, alternate
the time, place, and manner ways of expression
test.

Must-Know Supreme Court Decision: Tinker v. Des Moines Independent Community School District (1969)

28 Tinker v. Des Moines Amendment - first

Independent Community Ruling - found that freedom of speech must be protected in public schools,
School District (1969) provided the show of expression or opinion—whether verbal or symbolic—
is not disruptive to learning.

29 Explain the facts, majority Students planned a protest by wearing an armband, administrators thought it
decision, and reasoning in would be a distraction and suspended them. The court ruled in favor of the
the Tinker case. students bc facts showed that no disruption took place. Court voted 7:2 for
Tinker.

30 Explain the constitutional Freedom of speech or expression

principle under
consideration in this case.

31 Explain three points Justice 1- there was no disturbing of other students

Fortas made in the majority 2- school punished the students for no reason
opinion. 3- state operated schools may not be enclaves of totalitarianism.
32 Identify unique points Justice White stated that he did not subscribe to everything the court of
Justices White and Black appeals said about free speech in a preceding case. Justice Black stated that a
made in their concurring crucial question was whether students and teachers may use the school as a
opinions. platform for free speech.

33 Justice White mentions one The court used the precedent of Burnside v. Byars. Justice White stated that
case on which the Tinker he did not agree with some of the information relating to this case.
case was decided, Burnside
v. Byars. Explain the role of
precedents in determining
the Court’s opinions.

34 Explain what the Supreme There must be a balance of public order and individual freedom.
Court defined as the line
between individual freedom
and public order in Tinker.

35 Explain the similarities and In Morse the school saw his sign as promoting illegal drug use and he lost
differences of the outcome his appeal. In Fraser, the court upheld the school suspending him.
in Tinker with the outcomes
of Bethel Schools v. Fraser
and Morse v. Frederick.

36 What are the two prevailing The first amendment does not protect it and the national standard defines
trends regarding obscene what it is.
speech?

37 What did the Comstock Act Circulation and importation of obscene materials through the US mail.
deem illegal?

38 What three criteria make up 1- The average person applying contemporary community standards finds it
the Miller test? appeals to the prurient interest.
[Miller v. California (1973)] 2- patently offensive sexual conduct defined by state law
3-lacks litery, artistic, political, or scientific value

39 What must a suing party It must hurt someone's reputation

prove in order for something
to qualify as libel?

Must-Know Supreme Court Decision: New York Times v. United States (1971)

40 New York Times v. United Amendment - first

States (1971)
 Ruling - government cannot express prior restraint

41 Explain the reasoning It is the underlying prerequisite for political development, democracy, and
behind Justice Brennan’s social justice. They must understand democracy and be involved in it.
views that an “enlightened
citizenry” can protect the
democratic values of our
government.

42 Explain the role of the press A press that is alert and aware best serves the purpose of the first
in creating that citizenry. amendment

43 Explain how the judgment It allows for the people to have freedom but also keeps the government's
in New York Times v. secrets
United States balances
claims for individual
freedom with concerns for
national security.

44 Explain the ways in which Justice berger stated that the case had been resolved far too quickly to
Justice Burger and those consider and resolve fully the critically important legal issues at stake,
who joined his dissent differ especially the needs and prerogatives of the executive
from the other justices on
the nature of the First
Amendment.

The First Amendment: Church and State

45 Who referred to a “wall of Thomas jefferson

separation” between church
and state and, as president,
popularized the phrase
“separation of church and
state?”

46 What has the establishment They do not allow a religion to be stated in public places
clause recently come to
mean regarding governing
institutions?

47 What does the free exercise Stopping people from exercising their religion
clause prevent the
government from doing?

Must-Know Supreme Court Decision: Engel v Vitale (1962)

48 Engel v Vitale (1962) Amendment - first

Ruling - voluntary prayer in public schools violated the establishment clause

49 In the court’s majority
opinion, what quote from
James Madison did Justice
Black use?
50 What point did Justice
Douglas make in his
concurring opinion?
51 What was Justice Stewart’s
key point(s) in the
dissenting opinion?
52 Since Engel, how has the
Court addressed the matter
of a moment of silence?
53 List the three components of
the Lemon test that a policy
must meet to avoid an
“excessive entanglement”
between church and state.
Must-Know Supreme Court Decision: Wisconsin v Yoder (1972)
54 Wisconsin v Yoder (1972)
55 What was Justice Douglas’
point in his partial
dissenting opinion?
56 Explain how the Court has
ruled on each of these
contemporary First
Amendment issues.
“It is proper to take alarm at the first experience of our liberties”
Can the government finance a religious exercise? He says if someone does
not agree with the prayer they can leave.
He disagreed with not letting people pray in public spaces. He does not see
an official religion when people pray. He thinks children should be able to
pray.
They allow a moment of silence in schools.
1- have secular purpose that neither endorses or disapproves religion
2- have an effect that neither advances nor prohibits religion
3-avoid creating a relationship between religion and gov that entangles
either in the eternal affairs of each other
Amendment - 1
Ruling - wisconsin's compulsory school attendance law was
unconstitutional when it applied to the amish, bc it violated their free
exercise clause
The state of Wisconsin interfered with the practice of a legitimate religious
belief. Not all beliefs rise to the demands of the religious clause of the first
amendment.
Public Funding of Religious Institutions - The supreme court ruled 7-2 in
this case that churches and other religous places cannot be denied public
money even in states where their constitution bans such funding
Vouchers -
 The resulting opinion found a divided Supreme Court ruling 5-4 that the
Cleveland voucher program was constitutional. Five members of the Court,
led by Chief Justice William Rehnquist, observed that the vouchers were
given to parents — not schools — who were able to use the voucher at any
school participating in the program. Coupling that fact with the religion-
neutral criteria both parents and participating schools met, the majority
found the voucher program constitutional. Rehnquist summed up the
analysis, this way: “[T]he Ohio program is entirely neutral with respect to
religion. It provides benefits directly to a wide spectrum of individuals,
defined only by financial need and residence in a particular school district. It
permits such individuals to exercise genuine choice among options public
and private, secular and religious. The program is therefore a program of
true private choice.

Religion in Public Schools - Search Results

Under the “establishment” clause of the First Amendment, and in line
with U.S. Supreme Court rulings, public schools may not impose
prayer or other religious practices on students, even if students are not
required to participate. ... Therefore, prayers may not be broadcast
over the school public-address system

Religious Symbols in the Public Square - Kurtzman and the infamous

“Lemon test,” which is used to assess if a law violates the establishment
clause. The Supreme Court has since moved away from the so-called
Lemon test, ruling that religious symbols in government and in the public
square that reflect our country's religious origins are acceptable

Ten Commandments - The justices ruled 5-4 that the Ten Commandments
(search) could not be displayed in court buildings or on government
property. However, the Biblical laws could be displayed in an historical
context, as they are in a frieze in the Supreme Court building

Selected Supreme Court First Amendment Rulings (Non-Required Cases)

Case Ruling

57 Reynolds v United States United States case that held that religious duty was not a defense to a
(1879) criminal indictment

58 Gitlow v New York (1925) holding that the Fourteenth Amendment to the United States Constitution
had extended the First Amendment's provisions protecting freedom of
speech and freedom of the press to apply to the governments of U.S. states

59 Near v Minnesota (1931) supreme Court decision under which prior restraint on publication was found

60 New York Times v Sullivan
(1964)
61 Lemon v Kurtzman (1971)
62 Miller v California (1973)
63 Bethel v Fraser (1986)
The Second Amendment
64 One question in the
controversy over the Second
Amendment is whether it
was written to protect the
state’s right to maintain a
militia or the citizen’s
unfettered right to own a
firearm. List key points
made by advocates on both
sides of the issue.
65 When was the National
Firearms Act passed AND
why did the Supreme Court
uphold the law?
66 What event was the impetus
for the passage of the Brady
Handgun Violence
Prevention Act of 1993?
67 List the loopholes in the
Brady law.
Must-Know Supreme Court Decision: McDonald v Chicago (2010)
68 McDonald v Chicago (2010) Amendment - 2
to violate freedom of the press as protected under the First Amendment.
The Court ruled that the freedom of speech protections in the First
Amendment to the U.S. Constitution restrict the ability of American public
officials to sue for defamation.
The court ruled in an 8–1 decision that Pennsylvania's Nonpublic
Elementary and Secondary Education Act from 1968 was unconstitutional,
violating the Establishment Clause of the First Amendment
where the court redefined its definition of obscenity from that of "utterly
without socially redeeming value" to that which lacks "serious literary,
artistic, political, or scientific value"
decision by the United States Supreme Court involving free speech in public
schools.
Gun control advocates:Firearms regulation advocates state that restricting
and tracking gun access would result in safer communities, while gun rights
advocates state that increased firearm ownership by law-abiding citizens
reduces crime and assert that criminals have always had easy access to
firearms
Gun advocates: favoring the right to own guns and opposing legislation
restricting this right the progun lobby
1934, required registration and tax on the sale of weapons
Ronald reagan getting shot
Private gun collectors could avoid the background check when buying guns
from private gun shows and some guns can be purchased via the internet
 Ruling - right to keep and bear arms for self defense applies in one's home

69 Although the District of held (5–4) that the Second Amendment guarantees an individual right to
Columbia’s status as a possess firearms independent of service in a state militia and to use firearms
federal enclave meant that for traditionally lawful purposes, including self-defense within the home
the ruling in District of
Columbia v Heller (2008)
did not incorporate the
Second Amendment, the
ruling set a precedent. What
did the Court rule?

70 Explain the Court’s The Court reasoned that because of its holding in Heller, the Second
reasoning in McDonald v Amendment applied to the states. Here, the Court remanded the case to the
Chicago (2010). Seventh Circuit to determine whether Chicago's handgun ban violated an
individual's right to keep and bear arms for self-defens

71 Describe the executive order Requiring criminal background checks for all gun sales, including those by
issued by President Obama private sellers that currently are exempt. Reinstating and strengthening the
after the tragedy in federal Assault Weapons Ban of 1994 (AWB 1994) that expired in 2004
Newtown, CT, and then
reversed by President
Trump.

Policy Matters: Recent State Policy and Second Amendment Rights

72 What types of restrictions States made it harder to purchase guns and had stronger background checks
were passed in several states
after the Newtown
massacre?