Make your own free website on Tripod.com

Salerno's Classroom Celebrates America!

AP Chapter 5

Home
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

weallweep.gif

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

 

 

 

Obscenity

 

"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)

 

                               but

 

 

Jenkins v Georgia (1974)

"Carnal Knowledge Case"

 

 

                               and

 

 

 

 

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

 

 

Today

 

Internet – Cyber porn

Court has struck down regulatory laws

The Communications Decency Act 1995

 

                                **

 

 

 

 

Assembly

 

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)

                             however

 

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"

 

exceptions

 

@

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)

 

 

 

 

 

Privacy 

 

*   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

 

 

 

Citizenship

 

 

*   Jus Soli

- USA birthplace = citizenship

 

 

*   Jus Sanguinis

- right of blood = citizenship

 

 

Immigration

 

1990 - Congress established 675,000 ceiling

 

 

@1952 - McCarran-Walter Act (quotas)

 

1924 - Immigration Act(quotas)

 

 

Citizen Action

 

 

Serrano v Priest (1971)

-equality

in the funding of public schools