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Salerno's Classroom Celebrates America!

AP Chapter 5

AP Government Summer Assignment
AP Chapters 1,2
AP Chapter 3
AP Chapter 4
AP Chapter 5
AP Chapter 6
AP Chapter 7
AP Chapter 8
AP Chapter 9
AP Chapter 10
AP Chapter 11
AP Chapter 12
AP Chapter 13
AP Chapter 14
AP Chapter 15
AP Chapter 16
U.S. History Chapters 1, 2, 3
U.S. History Chapter 4
U.S. History Chapter 5
U.S. History Chapter 6
U.S. History Chapter 7
U.S. History Chapter 8
U.S. History Chapter 9
U.S. History Chapter 10
U.S. History Chapter 11
U.S. History Chapter 12
U.S. History Chapter 13
U.S. History Chapter 14
U.S. History Chapters 16,17,18
U.S. History Chapters 19,20,21
U.S. History Chapters 22,23
U.S. History Chapters 24,25
U.S. History Chapters 26,27
U.S. History Chapters 28,29,30
U.S. History Chapter 31
U.S. History Chapter 32
U.S. History Chapter 33
US Government Chapters 1,2
US Government Chapter 3
US Government Chapters 10,11,12
US Government Chapters 13,14
US Government Chapter 18
US Govt Chapters 19,20,21
Remembering 9/11/01
The Civil Rights Movement
Economics Chapters 1,2,3
Eco Chapt 9
Eco Chapters 6,7,8
Eco Chapt 13
Eco Chapter 15
Eco Chapt 21


Chapter 5

Civil Liberties and citizenship


Civil Liberties

The personal rights and freedoms that the federal government cannot abridge by law, constitution,

or judicial interpretation


What is Freedom of Speech?

Historically – Zenger Case

-Framers of the Constitution


Alien and Sedition Acts


Prior restraint

Constitutional doctrine that prevents the government from prohibiting speech or publication before the fact


NY Times v US (1971)  Pentagon Papers

The government couldn’t block the publishing of info on Vietnam War




Landmark Speech Interpretations


*Schneck v United States (1917)

(clear and present danger)


 *Gitlow v NY (1925)

(bad tendency test)


 *US v O'Brien (1968)

(negative action)

symbolic speech exercise rejected



Texas v Johnson(1989)

struck down state law prohibiting flag burning


Time, Place, Manner

allowances and restrictions


High Schools - a Speech Forum


Tinker v Des Moines  (1969)


Hazelwood District v Kuhlmeier (1988)



Edwards v Aguillard (1987)


struck down Louisiana law forcing a teacher to devote equal time to     "creation science"


College Campus - a Speech Forum


*R.A.V v St. Paul(1992)

 hate crimes law was struck down

(preventing cross burnings)


but….Court revisited it in 2003 and allowed states to keep law banning cross burnings




Libel – false written statements tending to call someone’s reputation into disrepute


Slander – Untrue spoken statements that defame the character of a person


NY Times v Sullivan (1964)

Public officials can be scrutinized openly unless libel can be proven






"What is pornography to one man is the laughter and genius to another"

The Supreme Court on

Lady Chatterly's Lover 1947



Miller v California (1973)

attempted to define obscenity and  confirmed state control of the scope of definition.

(NY, Alabama, Nevada)





Jenkins v Georgia (1974)

"Carnal Knowledge Case"








Barnes v Glen Theater (1991)

The Indiana "G - String Law" is instituted when the SC upheld Indiana’s right to ban “all nude all the time”


Court upheld Penn. Law banning

Nude dancing again in 2000





Internet – Cyber porn

Court has struck down regulatory laws

The Communications Decency Act 1995









National Socialist Party

v Skokie (1977)


ACLU defended the American Nazi Party



**"I may not agree with what you say, but I'll defend your right to say it"


Hurley v Irish-American Gay, Lesbian, and Bisexual Group of Boston (1995)

St. Patrick’s Day Parade




Freedom of Religion


"Free Exercise Clause"

"Congress shall make no law...prohibiting the free exercise     thereof..."



*   Reynolds v US (1890) banned        polygamy



*   W.Virginia Board of Ed

v Barnette(1943)

Jehovah Witnesses and the Pledge



*   Wisconsin v Yoder (1972)

Amish Case and School





The Establishment Clause

" Congress shall make no law   respecting an establishment of     religion..... "


*   Everson v Board of Ed (1947)

allowed funding for busing to religious schools, kids are helped


*   Engel v Vitale (1962)

“ Almighty God, we acknowledge our dependence upon Thee, and we beg Thy blessing upon us, our parents, our teachers, and our country.”



SC ruled 6-3 in 2000

Against a football team prayer


*   The problem of drugs and religious rituals.  (peyote)

The banning was upheld in

Oregon v Smith (1990)



many states have repealed their laws





Church of the Lukumi Babalu Aye Inc v

City of Hialeah (1993)

The religious rituals of the Santeria



Lemon v Kurtzman (1971)

"excessive government entanglement"

sometimes allowing religious activity



Lynch v Donnelly (1984)

SC allows nativity scenes during Christmas time in a holiday display




Loyalty and Security


Smith Act (1940)

unlawful for any person to advocate the overthrow of US by violence


* Dennis v US (1951) confirmation




McCarran Act (1950) - registration of members of the Communist Party


Communist Party  v Subversive      Activities Control Board (1961)


Albertson v Subversive Activities Control Board (1965)


Brandenburg v Ohio (1969)

Government could punish under

                    The direct incitement test

*speech leading to lawlessness action



Due Process of Law

Equal Protection under the Law

( The 14th Amendment guarantees

the Bill of Rights)


(Also the due process clause of the 5th Amendment)


substantive due process

laws must be reasonable


*   incorporation doctrine 

    the interpretation of the Constitution that holds that the due process clause requires that state and local governments also guarantee those rights         Gitlow v NY (1925)

*   selective incorporation

    A judicial doctrine whereby most but not all of the protections found in the Bill of Rights are made applicable to the states via the

14th Amendment Near v Minnesota (1931)



procedural due process

laws must be enforced fairly



The 4th Amendment

protection against unreasonable searches and seizures


                         "probable cause"





New Jersey v TLO (1985)

"only reasonable grounds to search"



Vernonia School District v             Acton(1995)

"drug testing was reasonable"



Government authorized wire-tapping and surveillance -------> illegal


(The Pentagon Papers, Watergate)


In 1978, the loosely enforced Foreign Intelligence Surveillance Act requires Federal Investigators to obtain a court order


Wolf v Colorado (1949)

Unreasonable searches and seizures


Mapp v Ohio (1961)

the states were subject to the exclusionary rule preventing police from using illegally seized evidence at a trial



Law enforcement (prosecutors) must issue subpoenas for review of vital material





Barron v Baltimore (1833)

-              the Bill of Rights did not apply to the state governments and the SC

-              cannot apply them.


Gitlow v NY State (1925)

*   can't preach or write about the violent overthrow of US

*   Court confirmed the fundamental personal rights of the 14th Amendment from being restricted by the states


Palko v Connecticut(1937)

allowed double jeopardy (5th Amendment protection)in murder trial


Benton v Maryland (1969) overruled it 

Upholding the 5th Amendment protection



The Warren Court looked to protect the democratic system by protecting the accused.


(acquittals in criminal cases were linked to economic class)


Rights of the Accused


Mallory v US (1957)

-   federal court case be arraigned without any delay (6th Amendment)

                           Mallory Rule


Gideon V Wainwright(1963)

Right to a Court appointed attorney


Escobedo v Illinois (1964)

confirmed the right to council during a police interrogation


Miranda v Arizona (1966)

right to silence (5th Amendment)


Miranda Rule

Furman v Georgia(1971) (8th Amendment)

Ended capital punishment


But has held that a state has the right to enact a death penalty

Gregg v Georgia (1976)








*   Griswold v Connecticut (1965)

(struck down 1879 law preventing any disseminating of info on contraceptives)


*   Roe v Wade (1973)

A women’s right to privacy gave her an absolute right, free from state interference, to terminate her pregnancy.

(4th 9th 14th interpretation)


Planned Parenthood of

SE Penn v Casey (1992)

Trimester approach is abolished substituting the undue burden standard. 


(States could regulate as long as they did not pose undue burden on a pregnant women)


A women’s right to choose is affirmed



The Right to Die


In 1990, Supreme Court ruled 5-4 that parents could not withdraw a feeding tube from a comatose daughter


However….. individuals could terminate their own lives via a will with an DNR order



The States have instituted laws preventing the assisted suicides (Jack Kevorkian)


Supreme Court has upheld this in 1997

Making it a crime for doctors to administer life-ending drugs to mentally competent but terminally ill patients who wish to die.


Oregon has enacted “right to die” or assisted suicide laws approved by voters to allow physicians to prescribe drugs to terminally ill patients







*   Jus Soli

- USA birthplace = citizenship



*   Jus Sanguinis

- right of blood = citizenship





1990 - Congress established 675,000 ceiling



@1952 - McCarran-Walter Act (quotas)


1924 - Immigration Act(quotas)



Citizen Action



Serrano v Priest (1971)


in the funding of public schools