AP Government

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AP Government Politics

• In Review
• Part 3
• Civil Rights Liberties

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I. Definitions

• Civil Liberties applies to protections of abuse
  of govt to ALL Americans
• Civil Rights refers to discrimination based on
  race, gender or other minority status

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II. Extension of civil liberties

• BoR restricted natl govt, not state govts
• 14th Amendment extended these protections into
  the states
• Some amendments not yet binding on the states!

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• Selective incorporation Supreme Court applies
  BoR to the states on a case-by-case basis
• Some rights have NOT been incorporated!
• 2nd Amendment laws differ from state to state

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• 3rd Amendment quartering of troops in private
  homes
• 5th Amendment right to a Grand Jury other parts
  ARE incorporated
• 7th Amendment jury for civil cases
• 8th Amendment excessive bail or fines

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• All other parts of the BoR apply to both state
  natl govt
• Supreme Court has consistently evaluated
  individual rights against those of society
• None of the rights in the BoR is absolute!

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III. Restrictions on Rights

• Limits on Freedom of Speech
• Defamatory speech (slander libel)
• Obscenity
• Fighting words
• Any restriction must address severe imminent
  threats

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• Freedom of the press
• Any restriction must address severe imminent
  threats
• Some states have shield laws
• No prior restraint
• No protection for slander, libel, obscenity

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• Obscenity test
• Would the average person, applying community
  standards, judge the work as appealing to
  peoples baser sexual instincts?
• Does the work lack other artistic, literary,
  political, etc. value?
• Does the work depict sexual behavior offensively?

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• Search Seizures
• Normally must have
• Probable cause
• Search warrant
• If a b not met, exclusionary rule
• Exceptions
• Plain sight
• Good-faith
• Inevitable discovery

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• Civil Rights Actions
• War Between the States / Emancipation
  Proclamation
• 13th Amendment slavery
• 14th Amendment citizenship
• 15th Amendment voting
• Civil Rights Act 1875 - discrimination

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• Civil Rights Actions (cont.)
• Jim Crow laws / poll tax, literacy tests,
  grandfather clauses
• Plessy v Ferguson (1896)
• Brown v Board (1954 1955)
• Equal Pay Act 1963
• 24th Amendment ban poll tax
• Civil Rights Acts 1964, 1965, 1991 -
  discrimination

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• Civil Rights vocabulary
• discrimination
• reverse discrimination
• Segregation
• de facto segregation
• de jure segregation
• affirmative action
• quotas

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• Civil Rights for Women
• 19th Amendment (1920) - voting
• Equal Rights Amendment not passed
• Title IX, Higher Education Act (1972) gender
  discrimination in school programs (sports)
• Roe v Wade

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• Other Civil Rights
• Indian Citizenship Act of 1924
• Age Discrimination Act of 1976
• Also eliminated some mandatory retirement ages
• Increased others to 70
• Voting Rights Act of 1982 requires creation of
  districts w/ minority majorities
• Americans w/ Disabilities Act 1990