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LO 4.1
The Bill of Rights
• The Bill of Rights and the States
• Barron v. Baltimore (1833) – Bill of Rights
restrict only the national government.
• Gitlow v. New York (1925) – 1st
Amendment protection of speech first
incorporated to states.
• Most now incorporated using the 14th
Amendment and now restrict state and
local governments.
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LO 4.2
Freedom of Religion
• The Establishment Clause
• No laws shall be made respecting the
establishment of religion.
• Lemon v. Kurtzman (1971) – Aid to
church related schools must (1) have a
secular legislative purpose, (2) neither
advance nor inhibit religion, and (3) not
foster an excessive government
entanglement with religion.
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LO 4.2
Freedom of Religion
• The Establishment Clause (cont.)
• Engel v. Vitale (1962) ruled that prayer in
public schools violates the Establishment
Clause.
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LO 4.3
Freedom of Expression
• Prior Restraint
• Prior restraint – A government preventing
material from being published.
• Near v. Minnesota (1931) ruling that the
1st Amendment protects newspapers from
prior restraint.
• May be permissible during wartime.
• One may be punished after something is
published.
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Freedom of Expression
LO 4.3
• Free Speech and Public Order
• Schenck v. US (1919) – Speech is limited
if it presents a “clear and present danger.”
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Freedom of Expression
LO 4.3
• Obscenity
• Roth v. United States (1957) ruling that
“obscenity is not constitutionally protected”
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LO 4.3
Freedom of Expression
• Libel and Slander
• Libel (printed) and slander (spoken) are
false statements that damage one’s
reputation.
• New York Times v. Sullivan (1964) ruled
that statements about public figures are
libelous only if made with reckless
disregard for truth.
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Freedom of Expression
LO 4.3
• Symbolic Speech
• Nonverbal communication, such as burning
a flag or wearing an armband.
• Texas v. Johnson (1989) ruled that the
burning of the American flag was symbolic
speech protected by the First Amendment.
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LO 4.3
Freedom of Expression
• Commercial Speech
• Communication in the form of advertising.
• The Federal Trade Commission (FTC)
decides what kinds of goods may be
advertised on radio and television and
regulates the content of such advertising.
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Freedom of Assembly
LO 4.4
• Right to Assemble
• Within reasonable limits, called time, place,
and manner restrictions, freedom of
assembly includes the rights to parade,
picket, and protest.
• Usually, a group must apply to the local
city government for a permit and post a
bond of a few hundred dollars.
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LO 4.4
Freedom of Assembly
• Right to Associate
• Freedom to join groups or associations
without government interference.
• NAACP v. Alabama (1958) ruled that the
NAACP did not have to reveal its
membership list and thus subject its
members to harassment.
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LO 4.5
Right to Bear Arms
• District of Columbia v. Heller (2008)
• Right to possess a firearm for self-defense
within the home.
• Requiring firearm in a home to be
disassembled or bound by trigger lock is
unconstitutional.
• McDonald v. Chicago (2010)
• Extended 2nd Amendment’s limits on
restricting right to bear arms to state and
local laws.
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Defendants’ Rights
LO 4.6
• Searches and Seizures
• Probable Cause – When the police have
reason to believe that a person should be
arrested.
• Unreasonable searches and seizures –
Evidence is obtained in a haphazard or
random manner, prohibited by 4th
Amendment.
• Exclusionary rule – Evidence obtained
unconstitutionally can not be introduced
into a trial.
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LO 4.6
Defendants’ Rights
• Searches and Seizures (cont.)
• Mapp v. Ohio (1961) – Protection of 4th
Amendment against unreasonable
searches and seizures extended to the
states.
• The War on Terrorism – Patriot Act
(2001) allows wiretapping, surveillance,
and investigation and the Foreign
Intelligence Surveillance Act (2008) allows
warrants to eavesdrop on groups.
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LO 4.6
Defendants’ Rights
• Self-Incrimination
• When an individual accused of a crime is
compelled to be a witness against himself
or herself in court.
• Miranda v. Arizona (1966) ruled that set
guidelines for police questioning of
accused persons must be used to protect
them against self-incrimination and to
protect their right to counsel.
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LO 4.6
Defendants’ Rights
• The Right to Counsel
• Sixth Amendment – The right to counsel,
the right to confront witnesses, and the
right to a speedy and public trial.
• Gideon v. Wainwright (1963) – Anyone
accused of a felony where imprisonment
may be imposed, however poor he or she
might be, has a right to a lawyer.
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LO 4.6
Defendants’ Rights
• Cruel and Unusual Punishment
• The Eighth Amendment forbids cruel and
unusual punishment.
• Gregg v. Georgia (1976) - The death
penalty is not cruel and unusual, but it is
“an extreme sanction suitable to the most
extreme crimes.”
• The death penalty’s use and application
varies by state.
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LO 4.7
The Right to Privacy
• Controversy over Abortion
• Roe v. Wade (1973) – Ruling that a state
ban on all abortions was unconstitutional.
• Planned Parenthood v. Casey (1992) –
Ruling that permits considerably more
regulation on abortions.
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The Struggle for Equality
LO 5.1
• Conceptions of Equality
• Civil Rights - Policies protect people
against discrimination.
• Equal opportunity - Same chance to use
their abilities and skills in order to succeed.
• Equal results – Everyone should have the
same rewards such as earn the same
salary or have the same amount of
property.
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LO 5.1
The Struggle for Equality
• The Constitution and Inequality
• Equality is not in the original Constitution.
• First mention of equality in the 14th
Amendment – Equal protection of the laws.
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African Americans’ Civil Rights
LO 5.2
• The Era of Slavery
• Dred Scott v. Sandford (1857) ruled that
slaves had no rights.
• The Civil War (1861-1865) was fought
between 11 Southern States and National
Government.
• 13th Amendment (1865) was passed after
the Civil War and it outlawed slavery.
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African Americans’ Civil Rights
LO 5.2
• The Era of Reconstruction and
Segregation
• Jim Crow Laws (1877–1954) made
separate facilities legal.
• Plessy v. Ferguson (1896) ruled separate
but equal facilities were constitutional.
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African Americans’ Civil Rights
LO 5.2
• Equal Education
• Brown v. Board of Education (1954)
ruled school segregation inherently
unconstitutional.
• Busing of students was solution for de jure
segregation (by law) and de facto
segregation (in reality).
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African Americans’ Civil Rights
LO 5.2
• The Civil Rights Movement and
Public Policy
• Civil Rights Act of 1964 is the public policy
that made racial discrimination in hotels,
motels, and restaurants illegal and that
forbade many forms of job discrimination.
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African Americans’ Civil Rights
LO 5.2
• Voting Rights
• Suffrage is the legal right to vote.
• Fifteenth Amendment extended suffrage to
African Americans.
• Poll Tax – A small tax levied on the right to
vote.
• White Primary - Only whites were allowed
to vote in the party primaries.
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African Americans’ Civil Rights
LO 5.2
• Voting Rights (cont.)
• Smith v. Allwright (1944) ended the white
primaries.
• 24th Amendment eliminated poll taxes for
federal elections.
• Voting Rights Act of 1965 helped end
barriers to voting.
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LO 5.3
The Rights of Other Minority Groups
• Hispanic Americans
• Hernandez v. Texas (1954) extended
protection against discrimination to
Hispanics.
• Plyler v. Doe (1982) allows public
education for illegal immigrant children in
Texas.
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LO 5.3
The Rights of Other Minority Groups
• Asian Americans
• During World War II more than 100,000
Americans of Japanese descent were
moved to internment camps.
• Korematsu v. U.S. (1944) upheld as
constitutional the internment of more than
100,000 Americans of Japanese descent in
encampments during World War II.
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LO 5.3
The Rights of Other Minority Groups
• Arab Americans and Muslims
• Hamdi v. Rumsfeld (2004) provided
detainees the right to challenge their
detention before a judge or other neutral
decision maker.
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Women and Public Policy
LO 5.4
• The Battle for the Vote
• The Seneca Falls Declaration of
Sentiments and Resolutions that was
signed on July 19, 1848 was the beginning
of the suffrage movement for women.
• The Nineteenth Amendment was
adopted in 1920 and guaranteed women
the right to vote.
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Women and Public Policy
LO 5.4
• The Second Feminist Wave
• Reed v. Reed (1971) ruled that arbitrary
gender discrimination violated 14th
Amendment’s Equal Protection Clause.
• Craig v. Boren (1976) - Medium
(intermediate) scrutiny standard
established for gender discrimination.
• Equal Rights Amendment fails ratification
by states in 1982.
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Women and Public Policy
LO 5.4
• Women in the Workplace
• The Civil Rights Act of 1964 banned
gender discrimination in employment.
• The Pregnancy Discrimination Act of
1978 made it illegal for employers to
exclude pregnancy and childbirth from their
sick leave and health benefits plans.
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LO 5.4
Women and Public Policy
• Sexual Harassment
• Prohibited by Title VII of Civil Rights Act
of 1964.
• Harris v. Forklift Systems (1993) ruled
that no single factor is required to win a
sexual harassment case.
• The law is violated when the workplace
environment would reasonably be
perceived, and is perceived, as hostile or
abusive.”
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LO 5.4
Women and Public Policy
• Women in the Military
• Women make up about 14 percent of the
active duty armed forces.
• Congress opened all the service
academies to women in 1975.
• Only men may be drafted or serve in
ground combat.
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Other Groups Active Under the Civil
Rights Umbrella
LO 5.5
• Civil Rights and the Graying of
America
• Age classifications fall under rational basis
test.
• Meacham v. Knolls Atomic Power
Laboratory (2008) ruled employer must
show that action against a worker stems
from reasonable factors other than age.
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Other Groups Active Under the Civil
Rights Umbrella
LO 5.5
• Civil Rights and People with
Disabilities
• Americans with Disabilities Act of 1990
requires employers and public facilities to
make reasonable accommodations for
people with disabilities and prohibits
discrimination against these individuals in
employment.
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Other Groups Active Under the Civil
Rights Umbrella
LO 5.5
• Gay and Lesbian Rights
• Defense of Marriage Act (1996) lets
states disregard same-sex marriages
performed elsewhere.
• VT, MA, CT, NH, and IA have legalized
same sex marriages.
• Lawrence v. Texas (2003) – Made private
homosexual acts protected by the
Constitution.
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