Salerno's Classroom Celebrates America!

US Govt Chapters 19,20,21

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

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Chapters 19,20,21

Civil Liberties and Citizenship



What is Freedom of Speech?



-Framers of the Constitution wanted protection from an all-powerful government that would prevent freedom of speech (prior restraint)


NY Times v United States (1971)

Court ruled against prior restraint

By allowing the Pentagon Papers to be printed




-landmark cases and events



 *Schneck v United States (1917)

(clear and present danger)


Restrictions are governed by

Time, place and manner


*Gitlow v NY (1925)

(bad tendency test)


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


*  Speech, in addition is protected by the Fourteenth Amendment



*US v O'Brien (1968)

(negative action)

symbolic speech exercise rejected



*Texas v Johnson(1989)

struck down state law prohibiting flag burning


Whooley v Maynard (1977)

Cannot be jailed for refusing to advertise the state motto


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"


Freedom of the Press

Alien and Sedition Acts


*shield laws (protection of sources)



Libel / Slander


NY Times v Sullivan(1964)

Public officials cannot recover damages from newspapers


Libel – act of maliciously attacking

   Someone’s character or reputation

   Through the printed word


The People v Larry Flynt

Hustler Magazine v Falwell (1988)



Slander–speaking out for purpose of damaging someone’s character






"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"



Harry Reems and Deep Throat




Radio and TV are under FCC regulation

( George Carlin’s 7 dirty words)

     (Howard Stern)




Barnes v Glen Theater (1991)

The Indiana "G - String Law"




Internet – Cyber porn / Cyber sex

Court has struck down regulatory laws

The Communications Decency Act 1995










*  Griswold v Connecticut (1965)


*  Roe v Wade (1973)






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)



Lemon v Kurtzman (1971)

"excessive government entanglement"

sometimes allowing religious activity

*  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



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)





Due Process of Law

Equal Protection under the Law

( The 14th Amendment guarantees

the Bill of Rights)


14th Amendment “Nationalized”

   The Bill of Rights


Federal protection to prevent discrimination


Article I Sec  9  -  Preventions against an all-powerful government


Writs of Habeas Corpus

Bills of Attainder

Ex Post Facto Laws





*  substantive due process

laws must be reasonable



*  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



Mapp v Ohio (1961)

the states were subject to the


exclusionary rule



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







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


Escobedo v Illinois (1964)

confirmed the right to council during a police interrogation


Miranda v Arizona (1966)

right to silence (5th Amendment)

freedom from self-incrimination

Miranda Rule


-protection against Double Jeopardy




Mallory v US (1957)

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

             Mallory Rule



7th Amendment

Quick trial in Civil Suits



8th Amendment – prevention against an cruel and unjust punishment






*  Jus Soli

- USA birthplace = citizenship



*  Jus Sanguinis

- right of blood = citizenship





1990 - Congress established 675,00 ceiling



1952 - McCarran-Walter Act (quotas)


1924 - Immigration Act(quotas)



Citizen Action


Serrano v Priest (1971)

-equality in funding of schools





African Americans


19th Century



-Women’s Rights (Equal Suffrage)



Civil War Amendments

13th    14th    15th



Black Codes

Laws denying newly freed African Americans legal rights

* State way of insuring dominance


Jim Crow Laws

Legal discrimination based on race…”whites only”


Civil Rights Act of 1875

(attempt to correct problem)




* “grandfather clauses” emerge

  attempts to keep Black Americans from becoming a voting block



*  Plessy v Ferguson (1896) Created a separate but equal society


-actually created a two nation country, especially in the south.


-bathrooms, seating areas, restaurants even church seating



-Jesse Owens awards dinner-


Pres. Eisenhower appointed Earl Warren to the Supreme Court.  The Court proved to be very liberal during the 1950's and 1960's


Brown v Board of Education(1954)

argued by Thurgood Marshall:


How could a Black Law School be equal to Yale Law?

Public institutions can no longer be legally segregated


Public Schools were no longer segregated.



(last schools were de-segregated                     by 1972)



Not well received in the south.



Arkansas - 1957

Governor Oral Faubus sent State Militia to prevent Blacks from mixing in white schools.


Ike sent 1000 paratroopers to control the white mob and militia


Rosa Parks - tired seamstress who refused to give up her seat on a bus in Montgomery, Alabama


She served as an inspiration for

Dr. Martin Luther King Jr. and the    Montgomery Bus Boycott.


The non-violent protest

Jesus Christ

Mohandas Gandhi

Dr. King


Strategy - always peaceful,

well dressed 



trained to take beatings


1) Southern resistance

- electric cattle prods, angry mobs, fire hoses


2)   Riots and fire bombings in the Northern States


3) June 1963 - Alabama Governor George Wallace prevented blacks from enrolling in the University of Alabama.  JFK forced him to back down


June 11, 1963 - JFK addressed the nation on T.V. calling for support on civil rights legislation.


That Night…..


NAACP leader of Mississippi, Medgar Evers, was murdered outside of his home




March on Washington Aug 28,1963.  The purpose was to drum up support for Kennedy sponsored legislation


200,000 gathered in front of the Lincoln Memorial Blacks and Whites


Civil Rights Act (1964)  LBJ

-  racial discrimination not tolerated where there is federal funding.


-  strong attempt to protect right to vote



(Racial profiling,

blatant discrimination)

24 Amendment(1964) no poll tax


Wesberry v Sanders(1964)            Gerrymandering


1965 - Voting Rights Act


Swann v

Charlotte-Mecklenburg S D (1971)   

(students assigned to schools closet to their homes caused large segments of Blacks to only go to certain schools)

de jure discrimination

racial discrimination that is            a direct result of law


The remedy for de jure segregation…………. Bussing




The Supreme Court was careful identify de facto segregation

(segregation through

housing patterns,

neighborhoods, not law)


Affirmative Action


Reverse Discrimination



Bakke and Weber decisions



Adarand Construction

V Penna (1995)


Affirmative action plans on a case by case basis


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