CIVIL LIBERTIES AND CIVIL RIGHTS FOR DUMMIES

FREEDOM OF RELIGION

ESTABLISHMENT CLAUSE

• Government can't establish a national government
• Engle vs. Vitale: can't force school prayer
• Abington vs. Schempp: no required bible reading
• Lemon vs. Kurtzman (1971): set three guidelines
• Zelman's vs. Simmons-Harris: vouchers for private schools were okay

FREE EXERCISE CLAUSE

• Government can't interfere with practice of religion
• As long as a law doesn't single out a religion the law is okay
• Employment Division vs. Smith: Gov. must have compelling interest interfering w/Religion

FREEDOM OF EXPRESSION

SPEECH

• Schenck vs. US: passing out Anti-war pamphlets was not free speech
• Provokes a clear and present danger since 1950's
• Rights vs. Order (1919)
• Public property
• McCarthyism- okay

SYMBOLIC SPEECH

• Things that you are partaking in that are expression but not speaking
• Tinker vs. Demoines: schools can ban disruptive protests
• Texas vs. Johnson: flag burning okay

COMMERCIAL SPEECH

• Advertising
• What can or can't say on ads
• FTC regulates ad content, how they advertise
• FCC: airwaves, what can say or can't say on TV
• TV must register, right of apply (TV stations)

OBSCENITY

• "I know it when I see it"
• Roth vs. US: obscenity not protected
• Miller vs. California: leave it up to local juries
• Upheld laws on email and faxes
• Shot down laws that criminalize transmission of indecent speech and images

FREE PRESS AND FREE TRIALS

• Right to know vs. Fair trial
• Zurcher vs. Standford: search warrants apply to newspapers
• Pentagon papers: Court said you could publish info on stolen papers

FREEDOM OF ASSEMBLY

• Miami Herald publishing company vs. Tornillo
• Could not force a newspaper to print replies from candidates they criticize

FORTH AMENDMENT

• No unreasonable search and seizure
• Police need probable cause or a warrant
• Mapp vs. Ohio: illegally obtained evidence cannot be used in court
• Exclusionary rule

FIFTH AMENDMENT

• No self- incrimination
• Miranda vs. Arizona: Miranda rights (police must read rights)
• Government can't entrap

SIXTH AMENDMENT

• Right to counsel/trial
• Gideon vs. Wainwright: state trials, everyone gets an attorney
• Trials: 90% plea bargained
• Patriot Act some overruled
• Speedy and public trial, informed of trials

EIGHTH AMENDMENT

• No cruel and unusual pubishment
• Cannot exclude death penalty opponents from a jury
• Furman vs. Georgia: death penalty okay
• No mandatory death penalty
• Greg vs. Georgia: upheld death penalty for extreme cases

RIGHT TO PRIVACY

• Right to be left alone
• Roe vs. Wade: 3 trimesters
• 1st- no state control
• 2nd- regulate with exception of mother's health
• 3rd- banned except for mother's health

AFRICAN AMERICANS AND CIVIL RIGHTS

• Brown vs. board of education: schools had to be integrated
• Separate but equal not okay
• Swan vs. mecklenburg: bussing okay but not required
• 1964 Civil Rights Act: discrimination not okay
• 15th amendment gave African Americans the right to vote

WOMEN AND CIVIL RIGHTS

• Sennaca Falls Declaration: signed on July 19 1848
• 1920- 19th amendment: women get to vote
• Civil Rights Act 1964- banned gender discrimination in workforce

GAY AND LESBIAN AMERICANS AND CIVIL RIGHTS

• Supreme Court said okay to ban homosexual relations
• 2000 Supreme Court: Boy Scouts could ban gay leaders
• Supreme Court denied const. amendments that ok'd disc. against gays