Unit 2 – Civil
Liberties and Civil
Rights
(≈10%)
LESSON 9 – INCORPORATION; FREEDOM OF RELIGION
(440-450)
LESSON 10 – FREEDOM OF SPEECH, PRESS, AND ASSEMBLY
(450-455)
LESSON 11 – RIGHTS OF CRIMINAL SUSPECTS
(456, 458-467)
LESSON 12 – CIVIL RIGHTS
(456-458, 479-495)
LESSON 13 – EDUCATION RIGHTS
(496-500)
LESSON 9
INCORPORATION;
FREEDOM OF RELIGION
(440-450)
UNIT 2
Civil Liberties and Civil Rights
(≈10%)
DIFFERENCE BETWEEN CIVIL LIBERTIES AND CIVIL RIGHTS?

Civil liberties
o Definition – legal and constitutional rights that protect individuals from arbitrary acts of government
o Freedoms that are guaranteed -- either by law, constitution, or judicial interpretation
o Involve basic freedoms (e.g. speech and religion)
o The freedoms of conscience, religion, and expression, for example, which are secured by the First Amendment

Civil rights
o Definition – policies designed to protect people against arbitrary or discriminatory treatment by
government officials or individuals
o
o
Include laws prohibiting racial, gender, physical, and religious discrimination
Protected by the due process and equal protection clauses of the Fifth and Fourteenth Amendments and by the
civil rights laws of national and state governments
BASIS OF OUR CIVIL LIBERTIES – PROTECTED RIGHTS IN THE ORIGINAL CONSTITUTION

Writ of habeas corpus
o Directs any official having a person in custody to produce the prisoner in court and to explain to the judge why
the prisoner is being held; Can only be suspended during times of rebellion (Civil War)
o Person has the right to know why he or she is being imprisoned

Ex post facto laws
o Latin for “after the fact”
o Punishes a person for something that was not a crime when he did it (retroactive punishment); May not be
passed by Congress

Bills of attainder
o An act that punishes a person without benefit of trial
o May not be passed by Congress
BILL OF RIGHTS AND THE STATES

Bill of Rights
o Added to the original Constitution to appease states
o Rights of the individuals and states listed to protect them from the federal government
o Bill of Rights only applied to the federal government and did not include protections against state governments
(Barron v. Baltimore, 1833)

Feeling was that people could protect themselves against the state governments that were in their own
backyards, but they needed additional protection against a new, powerful, and distant national gov’t
SELECTIVE INCORPORATION

The process by which select provisions of the Bill of Rights are brought within the scope of the Fourteenth
Amendment and so applied to state and local governments.

Modifying effect of the 14th Amendment
o The due process clause has been used to apply some of the provisions of the Bill of Rights to the states.
o This clause bans states from denying life, liberty, or property without due process of law.
o The “total incorporation” view would apply all of the provisions of the Bill of Rights to the states. It argues for
nationalization (or federalization) of the Bill of Rights.
Lesson 9 – Incorporation and Freedom of Religion (440-450)
o
o
o
o
The “selective incorporation” view would apply only some of these provisions, and would do so on a case-bycase basis.
The important case here: Gitlow v. New York, 1925.

States may not deny free speech and press. These were protected by 14th Amendment Due Process
Clause.
Subsequent cases federalized parts of the Bill of Rights:

1st – Assembly, Petition, Religion

2nd – Right to Bear Arms

4th – Search and Seizure protections

5th – Self-Incrimination, Double Jeopardy

6th – Right to Counsel, Right to Bring Witnesses, Right to Confront Witnesses

8th – Protection against Cruel and Unusual Punishment
All provisions of the Bill of Rights except Amendment 3, Amendment 7, and the Grand Jury requirement of the
5th Amendment have been federalized.
FREEDOM OF RELIGION - THE ESTABLISHMENT CLAUSE

No Government “Establishment of Religion”
o A “wall of separation” - Separation of church and state (words of Jefferson; it is implied within 1st amendment,
but not stated – kind of like “fair trial”)

Basic meaning of establishment clause: government may not establish an official religion.
o “Accomodationist View”: Government should bend a bit and allow a certain degree of church/state blending
(allowing nativity scenes on city property, and allowing a non-denominational prayer in public school.)
o “Separationist View”: Government should allow virtually no blending of church and state. There should be a
“wall of separation” between the two.

Lemon v. Kurtzman: Established a 3-part test to determine if a statute or practice violates the establishment
clause:
1. Non-Secular (religious) purpose
2. Advances or inhibits religion
3. Excessive entanglement with government
o If any is present, the statute or practice is unconstitutional

Key rulings.
o Engle v. Vitale, 1962: no state-sponsored, recited prayer in public school. No teacher-led prayer.
o No devotional Bible-reading in public school.
o Moment of silence in public school is constitutional (as long as the purpose is not stated as being for prayer).
o State laws may not prohibit the teaching of evolution in public school.
o State laws that require the posting of the 10 Commandments in public school are unconstitutional.
o Released time for students is constitutional. Allowing students to meet on campus for religious groups (such as
Christian Club) is constitutional.
o Christmas displays in town squares are constitutional as long as they include some secular content.
o Constitutional forms of state aid to private schools: textbooks, classrooms, lunches, bus transportation.
o Unconstitutional forms of state aid to private schools: field trips, teacher salaries, counseling services, remedial
instruction.
FREEDOM OF RELIGION - THE FREE EXERCISE CLAUSE

Provides Freedom of Worship

Religious practices that have been restricted:
o Polygamy (Reynolds v. U.S.)
o Drug use (Oregon v. Smith)
o Not vaccinating children of Christian Scientists before they enter school
o Not paying Social Security taxes (Amish)
o Wearing a Jewish skullcap (Yarmulke) in the military

Religious practices that have been permitted:
o Not saluting flag in public school (Jehovah’s Witnesses)
o Not sending children to school past the 8th Grade (Amish)
o Animal Sacrifice (Santeria case)

Article 6 bans religious tests/oaths as qualifications to hold public office.
Lesson 9 – Incorporation and Freedom of Religion (440-450)
FREE RESPONSE QUESTION (FRQ) REVIEW
1.
The framers of the United States Constitution created a federal system.
(a) Define federalism.
(b) Explain how selective incorporation has been used to increase the power of the federal government.
2.
The Supreme Court ruled in Baron v. Baltimore (1833) that the Bill of Rights did not apply to the states.
(a) Explain how the Court has interpreted the Fourteenth Amendment to apply the Bill of Rights to the states.
(b) Discuss the Court’s decision in one of the following cases to support your explanation.

Gitlow v. New York (1925)

Wolf v. Colorado (1949)

Gideon v. Wainwright (1963)
3.
Initially, the United States Constitution did little to protect citizens from actions of the states. In the twentieth century,
the Supreme Court interpreted the Constitution to protect the rights of citizens from state governments in a process
referred to as incorporation.
(a) Define selective incorporation
(b) Explain how the First Amendment has been incorporated. Your explanation must be based on a specific and
relevant Supreme Court decision.
4.
The First Amendment includes two clauses relating to the freedom of religion.
(a) Select one of the following cases and identify the First Amendment clause upon which the United States Supreme
Court based its decision.

Engel v. Vitale (school prayer)

Lemon v. Kurtzman (state funding for private religious schools)
(b) Describe the Supreme Court’s decision in the case that you selected in (a).
(c) Select one of the following cases and identify the First Amendment clause upon which the United States Supreme
Court based its decision.

Reynolds v. United States (polygamy)

Oregon v. Smith (drug use in religious ceremonies)
(d) Describe the Supreme Court’s decision in the case that you selected in (c).
5.
The framers of the Constitution created a political system based on limited government. The original Constitution and
the Bill of Rights were intended to restrict the powers of the national government. Later constitutional developments
also limited the powers of state governments.
(a) Explain how each of the following two provisions in the Bill of Rights limits the powers of the national government.

Establishment clause
(b) Choose one of the following and explain how it limits the power of state governments.

Citizenship clause of the Fourteenth Amendment

Selective incorporation
6.
The
(a)
(b)
(c)
Fourteenth Amendment protects civil rights and civil liberties.
Describe the difference between civil rights and civil liberties.
Identify the primary clause of the Fourteenth Amendment that is used to extend civil rights.
Identify the primary clause of the Fourteenth Amendment that is used to extend civil liberties.
Lesson 9 – Incorporation and Freedom of Religion (440-450)
MULTIPLE CHOICE (MC) REVIEW
1. Civil liberties are __________ that the
government cannot take away.
(A) property rights
(B) personal freedoms
(C) business rights
(D) recognitions of equality
(E) property rights
2. Which clause prevents the national government
from sanctioning an official religion?
(A) establishment
(B) free exercise
(C) full faith and credit
(D) equal protection
(E) due process
3. Selective incorporation makes the protections
from the Bill of Rights applicable to the states
through which of the following amendments?
(A) Fourth
(B) Fifth
(C) Sixth
(D) Tenth
(E) Fourteenth
4. The free exercise clause guarantees that the
national government will not interfere with
which of the following?
(A) education
(B) finance
(C) business
(D) speech
(E) religion
5. Which amendment protects the right to bear
arms?
(A) First
(B) Second
(C) Third
(D) Fourth
(E) Fifth
6. Which test examines the constitutionality of
religious establishments?
(A) Orange
(B) Free Exercise
(C) Prior Restraint
(D) Lemon
(E) Due Process
7. The Supreme Court has used selective
incorporation to __________ the rights of
states.
(A) protect
(B) limit
(C) expand
(D) define
(E) enforce
8. In matters of religion, the free exercise clause
protects individuals from which of the
following?
(A) discrimination
(B) persecution
(C) obstruction
(D) segregation
(E) dissenting opinions
9. In Barron v. Baltimore, the Supreme Court held
that the Bill of Rights limits __________, not
__________, action.
(A) federal, state
(B) state, federal
(C) state, local
(D) local, state
(E) federal, local
10. Article I of the Constitution prohibits which of
the following, which make an act punishable as
a crime even if the act was legal when it was
committed?
(A) writs of habeas corpus
(B) bills of attainder
(C) ex post facto laws
(D) procedural guarantees
(E) prior restraints
11. Convicted criminals whose sentences increase
during their prison term due to a change in the
law have been illegally subjected to what kind
of law?
(A) cruel and unusual
(B) habeas corpus
(C) ex post facto
(D) bill of attainder
(E) writ of certiorari
Lesson 9 – Incorporation and Freedom of Religion (440-450)
LESSON 10
FREEDOM OF SPEECH, PRESS,
AND ASSEMBLY
(450-455)
UNIT 2
Civil Liberties and Civil Rights
(≈10%)
FREEDOM OF SPEECH - HISTORIC TEST
 The Clear and Present Danger Test
o Schenck v. United States, 1919
 Created a precedent that 1st Amendment guarantees of free speech are not absolute; Public
authorities could limit free speech
 Speech may be restricted when it incites violent action (imminent threat to society such as
falsely shouting “Fire” in crowed theater)
o Brandenburg v. Ohio, 1969
 SC limited the “clear and present danger test” by ruling that the government could punish the
advocacy of illegal action only if “such advocacy is directed to inciting or producing imminent
lawless action and is likely to incite or produce such action”
NON-PROTECTED SPEECH
 Supreme Court holds that all speech is protected unless it falls into one of the four narrow categories –
libel, obscenity, fighting words, and commercial speech.
 Libel and slander
o Libel is a written defamation that falsely attacks a person’s good name and reputation
o Slander is a spoken defamation that falsely attacks a person’s good name and reputation
o New York Times v. Sullivan (1964) - Supreme Court established the guidelines for libel cases
 Public officials and public figures must first prove "actual malice"
 State laws may allow private persons to collect damages without proving actual malice
o Limits on student speech
 Bethel v. Fraser (1986) – school can suspend a student from school for making a speech full of
sexual double entendres or innuendos.
 Obscenity (i.e. pornography)
o Miller v. California (1973) gave constitutional definition of obscenity
1. Appeals to prurient interest in sex,
2. Patently offensive, and
3. Must lack serious literary/artistic/political/scientific value.
 If not meeting all three criteria, then not obscene
o Sexually explicit materials about or aimed at minors are not protected by the First Amendment
 Fighting words
o Governments may punish certain well-defined and narrowly limited classes of speech that by their
very utterance inflict injury or tend to incite an immediate breach of peace
 Commercial speech
o Commercial speech (such as advertising) is more restricted than are expressions of opinion on
religious, political, or other matters.
o The Federal Trade Commission (FTC) decides what kinds of goods may be advertised on radio and
television and regulates the content of such advertising.
Lesson 10 – Freedom of Speech, Press, and Assembly (450-455)
PROTECTED SPEECH
 Prior restraint
o Blocking speech before it is given
o Such action is presumed by courts to be unconstitutional
o In the Pentagon Papers case, the court refused to impose prior restraint: the revelations may have
embarrassed the government, but they did not endanger national security
 Symbolic speech
o Tinker v. Des Moines (1969) – wearing black armband at school at protest Vietnam War
o Texas v. Johnson (1989) – flag burning
FREEDOM OF THE PRESS – CONTROVERSIAL AREAS
 Executive Privilege
o Right of presidents to withhold information from the courts.
o U.S. v. Nixon (1974): A President generally does have executive privilege, but not in criminal cases.
Even the President is not above the law.
 Shield laws
o Protect reporters from having to reveal their sources.
o The press claims that without them, their sources would “dry up,” and they would be unable to
provide information to the public.
 Courts have protected press's right to publish
o The 1966 Freedom of Information Act
 Liberalized access to non-classified government records
 Electronic Freedom of Information Act of 1996 requires most federal agencies to put their files
online and to establish an index of their records - NASA a leader (UFO documents!)
 Often described as the law that keeps citizens in the know about their government
o Student Press
 Hazelwood v. Kuhlmeier (1988)
 High school newspaper was not a public forum and could therefore be restricted just as other
high school activities could be restricted by school authorities
FREEDOM OF ASSEMBLY – PUBLIC FORUMS AND TIME, PLACE, AND MANNER REGULATIONS
 Governments may not specify what can or cannot be said, but they can make reasonable time, place,
and manner regulations for the holdings of assemblies, protests, or gatherings
 Police must have right to order groups to disperse (public order)
 Problem of “heckler’s veto”: if govt. restricted assembly every time an opposing group claimed that
there might be “violence or disorder,” there would be very few assemblies. Courts are therefore
reluctant to impose prior restraint.
 The extent to which governments may limit access depends on the kind of forums involved:
o Public forums (historically associated with free exercise such as streets, parks)
o Limited public forums (public property such as city hall or schools after-hours)
o Nonpublic forums (libraries, courthouses, government offices) - cannot interfere with normal
activities in order to stage a public protest
 Civil disobedience is not a protected right
Lesson 10 – Freedom of Speech, Press, and Assembly (450-455)
FREE RESPONSE QUESTION (FRQ) REVIEW
1. The First Amendment guarantees freedom of speech, but there are limits on that speech.
(a) Explain the “clear and present danger test.”
(b) Explain libel and slander.
2. The First Amendment’s freedom of speech has been interpreted to include symbolic speech.
(a) Explain the significance of the Supreme Court decision in Tinker v. Des Moines.
(b) Explain the significance of the Supreme Court decision in Texas v. Johnson.
3. The Watergate scandal ended the presidency of Richard Nixon.
(a) Define executive privilege.
(b) Explain the outcome of United States v. Nixon.
Lesson 10 – Freedom of Speech, Press, and Assembly (450-455)
MULTIPLE CHOICE (MC) REVIEW
1. In Miller v. California, the U.S. Supreme Court held that material must have a deficit of meaningful artistic,
literary, political, or scientific worth to be considered __________.
(A) illegal
(B) obscene
(C) hate speech
(D) fighting words
(E) a prior restraint
2. A false written statement is considered to be __________, while utterances that have the power to provoke
individuals to acts of violence are considered __________.
(A) defamation, slander
(B) slander, libel
(C) libel, defamation
(D) libel, fighting words
(E) slander, defamation
3. New York Times Co. v. Sullivan held that there must be proof of which of the following in order to find libel
against a public figure?
(A) property loss
(B) actual malice
(C) an audience
(D) a written record
(E) actual harm
4. The doctrine of prior restraint prevents the government from prohibiting speech or publication __________.
(A) that is obscene
(B) after the fact
(C) that is illegal
(D) that is critical of the government
(E) before the fact
5. What kind of speech is by its very utterance intended to inflict injury or incite an immediate breach of
peace?
(A) hate speech
(B) symbolic speech
(C) political speech
(D) fighting words
(E) obscenity
6. Journalists argue that they must have the right to __________ in order to protect their sources’
confidentiality.
(A) plea bargaining
(B) prior restraint
(C) withhold information
(D) fighting words
(E) double jeopardy
Lesson 10 – Freedom of Speech, Press, and Assembly (450-455)
LESSON 11
RIGHTS OF CRIMINAL SUSPECTS
(456, 458-467)
UNIT 2
Civil Liberties and Civil Rights
(≈10%)
FOURTH AMENDMENT RIGHTS
 The Constitution forbids only "unreasonable" searches and seizures
 A police search without consent is constitutionally unreasonable unless it has been authorized by a valid
search warrant
o Ex: police use of sobriety checkpoints in enforcing drunk driving laws
 The constitutional requirements of a specific search warrant
o Must describe what places are to be searched
o Must describe what things are to be seized
 The Exclusionary Rule
o Mapp v. Ohio (1961) - The Supreme Court ruled that evidence obtained unconstitutionally cannot
be used in court against person from whom it was seized
o Adopted mainly to prevent police misconduct
o Not used if:
 There would be “inevitable discovery” of the evidence (Nix v. Williams)
 Police operate “in good faith” that the warrant was valid (U.S. v. Leon)
FIFTH AMENDMENT RIGHTS
 Due Process Rights
o When govt. denies life, liberty or property, it must use fair procedures:
 Observe Bill of Rights.
 Provide reasonable notice.
 Provide chance to be heard.
o Procedural due process refers to the methods by which a law is enforced; pertains not to the law
itself, but to the way in which the law is applied
o Examples of violations of procedural due process:
 Illegal Searches.
 Unfair Court Procedures.
o Substantive due process places limits on what a government may do; pertains to the content of the
law
o Examples of violations of substantive due process:
 Ban on all abortions within a state.
 County ordinance banning all firearms.
o Example of distinction between procedural and substantive: a law prohibits possession of narcotics
(substantive) and police must generally obtain a warrant before conducting a search for narcotics in
one’s home (procedural).
 No Self-incrimination - the right to remain silent
o You have the right to remain silent
 You do not have to testify against yourself; “I plead the 5th”
 Designed so that the burden is on the government to prove guilt
Lesson 11 – Rights of Criminal Suspects (456, 458-467)



The Miranda Warning
o Miranda v. Arizona (1966) - Supreme Court announced that no conviction could stand if evidence
introduced at the trial had been obtained by the police during "custodial interrogation" unless
suspects have been:
 Notified that they are free to remain silent
 Warned that what they say may be used against them in court
 Told that they have a right to have attorneys present during questioning
 Informed that if they cannot afford to hire their own lawyer, attorneys will be provided for them
 Permitted to terminate any stage of the police interrogation
Double jeopardy
o Fifth amendment prevents individual from being tried again (if found innocent)
 Still can be tried by both federal and state governments for the same offense (or by two states)
 Double jeopardy does not forbid civil prosecution after acquittal in a criminal trial
Grand Jury Indictment
o Grand jury indictment is necessary in order to require anyone to stand trial for a serious crime
o Grand jurors are concerned with whether there is enough evidence to warrant a trial
o Plea bargaining - pleading guilty to a lesser offense in return for not having to stand trial for a more
serious charge (about 90% of cases end in a plea deal)
SIXTH AMENDMENT RIGHTS - FAIR TRIAL PROCEDURES
 The Right to counsel
o Judges have an obligation to ensure that all persons subject to any kind of custodial interrogation
are represented by lawyers
o Right to counsel extends to all hearings for all offenses for which an accused could be deprived of
liberty
o In Gideon v. Wainwright (1963), the United States Supreme Court ruled that the Sixth Amendment
right-to-counsel provision applies to those accused of major crimes under state laws
 Government is obligated to give the defendant a speedy trial
 Government is obligated to give the defendant a public trial
 An impartial jury consists of persons who represent a fair cross-section of the community
 Defendant has the constitutional right to obtain witness in his/her favor
o Constitution gives accused persons the right to be confronted with the witnesses against them
EIGHTH AMENDMENT RIGHTS
 The Death Penalty
o Eighth Amendment forbids the inflicting of cruel and unusual punishments
o The death penalty is not considered cruel and unusual punishment in America
o Furman v. Georgia (1972) - Court halted capital punishment until states could administer it in
"consistent fashion" decision that ruled on the requirement for a degree of consistency in the
application of the death penalty.
 The case led to a de facto moratorium on capital punishment throughout the United States,
which came to an end when Gregg v. Georgia was decided in 1976.
o Gregg v. Georgia (1976) - The death penalty does not, automatically, violate the 8th Amendment.
 Capital punishment is an extreme sanction, but it is suitable to the most extreme of crimes.
 If the jury is furnished with standards to direct and limit the sentencing discretion, and the
jury's decision is subjected to meaningful appellate review, the death sentence may be
constitutional.
 If, however, the death penalty is mandatory, such that there is no provision for mercy based on
the characteristics of the offender, then it is unconstitutional.
Lesson 11 – Rights of Criminal Suspects (456, 458-467)
FREE RESPONSE QUESTION (FRQ) REVIEW
1. Many scholars and observers have argued that the ratification of the Fourteenth Amendment to the
Constitution has become the single most important act in all of United States politics.
(a) Identify which provision of the Fourteenth Amendment was applied in one of the following Supreme
Court cases. For the case you select, explain the significance of the decision in United States politics.
 Mapp v. Ohio (1961)
 Gideon v. Wainwright (1963)
 Miranda v. Arizona (1966)
2. The Supreme Court ruled in Baron v. Baltimore (1833) that the Bill of Rights did not apply to the states.
(a) Explain how the Court has interpreted the Fourteenth Amendment to apply the Bill of Rights to the
states.
(b) Discuss the Court’s decision in each of the following cases to support your explanation.
 Wolf v. Colorado (1949)
 Gideon v. Wainwright (1963)
3. Initially, the United States Constitution did little to protect citizens from actions of the states. In the
twentieth century, the Supreme Court interpreted the Constitution to protect the rights of citizens from
state governments in a process referred to as incorporation.
(a) Define selective incorporation
(b) Explain how the rights of criminal defendants have been incorporated. Your explanation must be based
on a specific and relevant Supreme Court decision.
4. The framers of the Constitution created a political system based on limited government. The original
Constitution and the Bill of Rights were intended to restrict the powers of the national government.
(a) Explain how the guarantee of a public trial in the Bill of Rights limits the powers of the national
government.
5. The Fourteenth Amendment protects civil rights and civil liberties.
(a) Describe the difference between civil rights and civil liberties.
(b) Identify the primary clause of the Fourteenth Amendment that is used to extend civil liberties.
(c) Explain how civil liberties were incorporated by the Supreme Court in each of the following cases.
 Gideon v. Wainwright
 Mapp v. Ohio
 Miranda v. Arizona
Lesson 11 – Rights of Criminal Suspects (456, 458-467)
MULTIPLE CHOICE (MC) REVIEW
1. Which rule bars the use of illegally seized
evidence at trial?
(A) double jeopardy
(B) right to pay
(C) prior restraint
(D) exclusionary
(E) hate speech
7. Which Supreme Court case developed the
exclusionary rule?
(A) Parker v. Gideon
(B) New York Times Co. v. Sullivan
(C) Mapp v. Ohio
(D) Wolf v. Colorado
(E) Gideon v. Wainwright
2. The Constitution protects against search of an
individual’s person and home without
__________.
(A) due process
(B) permission
(C) a warrant
(D) compensation
(E) a good reason
8. What type of jury privately hears evidence
presented by the government to determine
whether persons should be required to stand
trial?
(A) petit
(B) private
(C) secret
(D) grand
(E) citizens’
3. What does the Sixth Amendment guarantee to
those accused of a crime?
(A) assistance of counsel
(B) access to law books
(C) a jury trial
(D) assistance by the press
(E) a written indictment
4. Today, the United States is one of only two
industrialized nations that currently use which
of the following to punish crime?
(A) a prison system
(B) a juvenile justice system
(C) the Eighth Amendment
(D) the death penalty
(E) corporal punishment
5. What did Mapp v. Ohio find to be
unconstitutional?
(A) illegally obtained evidence
(B) forced sterilization
(C) segregated education
(D) discrimination against homosexuals
(E) imprisonment without a trial
6. Miranda rights include the right to which of the
following?
(A) a phone call
(B) due process
(C) a jury trial
(D) be free from search and seizure
(E) counsel
9. The “right to remain silent” is a citizen’s
protection against which of the following?
(A) governmental intrusion
(B) search and seizure
(C) religious establishment
(D) a biased jury
(E) self-incrimination
10. The double jeopardy clause prevents an
individual who is acquitted of a crime from
which of the following?
(A) media coverage
(B) being tried again
(C) going free
(D) asserting innocence
(E) seeking the assistance of an attorney
11. Which of the following is responsible for
determining whether enough evidence exists to
support a conviction against a criminal
defendant?
(A) trial court
(B) defense attorney
(C) prosecutor
(D) legislature
(E) jury
Lesson 11 – Rights of Criminal Suspects (456, 458-467)
LESSON 12
CIVIL RIGHTS
(456-458, 479-495)
UNIT 2
Civil Liberties and Civil Rights
(≈10%)
EQUALITY
 Civil rights are the constitutional rights of all persons, not just citizens, to due process and the equal
protection of the laws: the constitutional right not to be discriminated against by governments or individuals
because of race, ethnic background, religion, or gender.
 Civil Rights Act of 1964 - Ended segregation in public places and banned employment discrimination on the
basis of race, color, religion, sex or national origin >> ended Jim Crow Laws
o Title II (of Civil Rights Act of 1964): Places of public accommodation
 Makes it a federal offense to discriminate against any customer or patron in a place of public
accommodation because of race, color, religion, or national origin
 Heart of Atlanta Motel v. U.S. (1964) - Congress has a right to regulate individual businesses in the
interest of promoting interstate travel
o Title VII (of Civil Rights Act of 1964): Employment
 Makes it illegal for any employer in any industry affecting interstate commerce and employing 15 or
more people to discriminate in employment practices against any person because of race, color,
national origin, religion, or sex
 Civil Rights Act of 1968 (Fair Housing Act of 1968)
o Forbids owners to refuse to sell or rent to any person because of race, color, religion, national origin, sex
(since 1978), handicap, or because a person has children (since 1988)
 Americans with Disabilities Act, 1990
o Prohibits discrimination based on disability
o Requires employers to provide reasonable accommodations to employees with disabilities
o Requires facilities be made accessible to those with disabilities
WOMEN’S RIGHTS
 First feminist wave
o Struggle for suffrage – 19th Amendment, 1920
 Second feminist wave: 1960-present
o Rise of National Organization for Women (NOW), 1966 – dedicated to women’s rights
o Other women’s groups such as EMILY’S List, 1985 – pro-choice
o Legislation
 Equal Pay Act of 1963
 Title VII of Civil Rights Act of 1964 prohibited employment discrimination on the basis of sex
 Proposal, ratification struggle, and defeat of ERA
 Title IX of Education Act of 1972 prohibited gender discrimination in federally subsidized education
programs, including athletics
PRIVACY RIGHTS - ABORTION
 Fundamental rights are those which are explicitly in the Constitution (Bill of Rights)
 Such rights also include those which are implicitly in the Constitution (travel, political association, privacy –
Griswold v. Connecticut, 1965).
Lesson 12 – Civil Rights (456-458, 479-495)

Abortion Cases:
o Prior to 1973: states set own abortion policies.
o Roe v. Wade, 1973: established trimester guidelines. Based upon right of privacy implied in Bill of
Rights.
o Webster v. Reproductive Health Services, 1987: did not overturn Roe, but gave states more leeway in
restricting abortion.
o Planned Parenthood v. Casey, 1992: somewhat defined that leeway: states cannot impose an “undue
burden” on a women’s right to an abortion.
PRIVACY RIGHTS - HOMOSEXUALS
 Lawrence v. Texas (2003) – Court struck down Texas sodomy law through use of “liberty” part of 14 th
Amendment’s due process clause
 Obergefell v. Hodges (2015) – Same-sex couples right to marry is protected by the due process clause and
the equal protection clause of the 14th Amendment
 Most effective way to secure rights has been through litigation in the courts to gain protections against
discrimination
VOTING RIGHTS - PROTECTING VOTING RIGHTS
 After federal troops withdrew from the South in 1877, southern Democrats used social pressure, violence,
and terrorist activities to keep African-Americans from voting
 Southern States created Jim Crow laws that made it difficult or impossible for African-Americans to vote; use
of grandfather clause to keep white people voting
 Other devices used to keep African Americans from voting
o White primary - Primary operated by the Democratic party in southern states that, before Republicans
gained strength in the “one-party South,” essentially constituted an election; ruled unconstitutional
o Racial gerrymandering - the drawing of election districts to ensure that African Americans would be a
minority in all districts – unconstitutional (15th Amendment)
o Poll tax
o Registration requirements
o Literacy tests
THE VOTING RIGHTS ACT OF 1965
 Provisions
o Requires that states that had a history of denying African-Americans the right to vote must clear any
changes in any voting practice or laws that might result in dilution of voting power with the Department
of Justice (some has since been struck down)
o Eliminated literacy tests
o Empowered federal officials to register voters
o Empowered federal officials to ensure that citizens could vote (w/ marshals)
o Empowered federal officials to count ballots
o Requires states to include ballots in languages other than English if a significant number of non-English
speakers reside in an area
 Effects
o Huge increase in black turnout
o Large increase in number of black elected officials
o Forced white elected officials to take into account the needs of blacks
ADDITIONAL DEVELOPMENTS
 Shaw v. Reno, 1993 – majority-minority districts are LEGAL
o Supreme Court announced that states may take race into account, they may not make race the sole
reason for drawing district lines
 Effect – Major instrument for increasing the number of African American and other minority voters
Lesson 12 – Civil Rights (456-458, 479-495)
FREE RESPONSE QUESTION (FRQ) REVIEW
1.
In the past, obstacles were presented to racial minority groups in their efforts to gain political influence.
(a) Explain how literacy tests presented obstacles to racial minority groups in their efforts to achieve political goals.
(b) Explain how racial gerrymandering presented obstacles to racial minority groups in their efforts to achieve political
goals.
2.
Initially, the United States Constitution did little to protect citizens from actions of the states. In the twentieth century,
the Supreme Court interpreted the Constitution to protect the rights of citizens from state governments in a process
referred to as incorporation.
(a) Define selective incorporation
(b) Explain how privacy rights have been incorporated. Your explanation must be based on a specific and relevant
Supreme Court decision.
3.
The power of the federal government relative to the power of the states has increased since the ratification of the
Constitution.
(a) Explain how each of the following has increased the power of the federal government relative to the power of the
state governments.

Americans with Disabilities Act

Civil Rights Act of 1964
4.
“The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State
on account of race, color, or previous condition of servitude.” - Fifteenth Amendment to the United States Constitution,
1870 Despite the ratification of the Fifteenth Amendment, voter turnout among African American citizens was very low
throughout the first half of the twentieth century. Over the past 50 years, civil rights policies have changed
substantially, along with a significant increase in African American voter turnout.
(a) Explain how two measures taken by some states prior to the 1960s affected voter turnout among African American
citizens.
(b) Facing discrimination at the voting booth, many African American citizens turned to alternative forms of political
participation. Describe two alternative forms of participation that helped bring about changes in civil rights policies.
5.
The
(a)
(b)
(c)
6.
The Constitution limited the power of the national government and restricted popular control; however, citizen
participation has changed over time.
(a) Describe a constitutional amendment that increased suffrage.
(b) Describe the effect of the Voting Rights Act of 1965 on citizen
participation in elections.
7.
(a) Using the chart, compare minority representation in 1960 and
2010.
(b) Explain how each of the following assisted in the removal of
barriers to minority voting.

Voting Rights Act of 1965

Twenty-fourth Amendment
Fourteenth Amendment protects civil rights and civil liberties.
Describe the difference between civil rights and civil liberties.
Identify the primary clause of the Fourteenth Amendment that is used to extend civil rights.
Describe a specific legislative action that extended civil rights to each of the following.

Women

Persons with disabilities
Lesson 12 – Civil Rights (456-458, 479-495)
MULTIPLE CHOICE (MC) REVIEW
1. The Thirteenth Amendment bans slavery. When
was it passed?
(A) when the South seceded from the Union
(B) during the Civil War
(C) immediately after the Civil War
(D) immediately after Reconstruction
(E) during the civil rights movement
2. The Fourteenth Amendment attempted to
guarantee which of the following to former
slaves?
(A) forty acres of farmland and a mule
(B) free university education
(C) economic equality with whites
(D) citizenship rights
(E) debt forgiveness
3. Which of these does the Civil Rights Act of 1964
ban?
(A) poll taxes and grandfather clauses
(B) discrimination in public accommodations
(C) integration in public transportation
(D) discrimination based on sexual orientation
(E) nonviolent direct action
4. Why did Congress pass the Voting Rights Act of
1965?
(A) in order to facilitate the prosecution of
those who had restricted the voting rights
of African Americans
(B) because Congress was afraid the Reverend
Martin Luther King Jr. would lead a boycott
of white businesses if the legislation was
not passed
(C) to prevent the race riots from spreading
from African American neighborhoods into
traditionally white neighborhoods
(D) the Supreme Court had determined that
only the national government could
regulate elections
(E) because it was clear that the South had no
intention of living up to the spirit of the
Fifteenth Amendment
5. The civil rights movement pushed for racial
equality. When did this movement take place?
(A) immediately after the Civil War
(B) during Reconstruction
(C) during the early 1900s
(D) during the 1950s and 1960s
(E) after passage of the Equal Rights
Amendment
6. What did Jim Crow laws mandate?
(A) voting rights
(B) racial segregation
(C) poll taxes
(D) grandfather clauses
(E) black codes
7. Women were guaranteed the right to vote by
__________.
(A) Korematsu v. United States
(B) Reed v. Reed
(C) the Nineteenth Amendment
(D) the 1964 Civil Rights Act
(E) the 1965 Voting Rights Act
8. What provision of the Fourteenth Amendment
serves as a cornerstone of our understanding of
civil rights?
(A) the equal protection clause
(B) the all men are created equal clause
(C) the privileges and immunities clause
(D) the Equal Rights Amendment
(E) the grandfather clause
9. Tests given to African Americans with questions
that are far more difficult than those asked on
comparable tests given to whites have been
used to discriminate against African Americans
in what area?
(A) running for office
(B) employment
(C) serving on juries
(D) admission to college
(E) voting
10. Which of the following situations would most
likely be a violation of Title IX?
(A) an election jurisdiction that does not
provide bilingual ballots when there is a
large bilingual community
(B) a legal prohibition on hiring women for
positions that are known to be hazardous
to women’s reproductive health
(C) a college that spends significantly more on
sports programs for men than for women
(D) job applications that are not made
accessible to the blind
(E) an employer who systematically pays
women less than men for doing comparable
work
Lesson 12 – Civil Rights (456-458, 479-495)
11. The Supreme Court’s decision in Lawrence v.
Texas (2003) primarily enhanced the civil
liberties of __________.
(A) African Americans
(B) Asians
(C) American Indians
(D) gays and lesbians
(E) disabled Americans
12. In the South after Reconstruction, what did the
Democratic Party use to prevent African
Americans from having a meaningful impact on
the outcome of elections?
(A) Jim Crow laws
(B) whites-only primaries
(C) majority-minority districts
(D) de facto segregation/discrimination
(E) affirmative action
13. Which of the following accommodations would
an employer most likely have to make to be in
compliance with the Americans with Disabilities
Act?
(A) hiring a disabled person instead of an
equally qualified person without a disability
(B) providing better medical insurance for
employees who have a disability
(C) lowering expectations for the quality of
work performed by employees with
disabilities
(D) ensuring that employees who use a
wheelchair have jobs that shield them from
public contact
(E) installing a ramp and other physical
accommodations for someone who uses a
wheelchair
16. The provision of the Fourteenth Amendment
that prohibits any state from denying “any
person within its jurisdiction the equal
protection of the laws” is known as the
__________ clause.
(A) due process
(B) jurisdiction
(C) grandfather
(D) equal protection
(E) privileges and immunities
17. Why did southern states enact poll taxes?
(A) to raise revenue for the government
(B) to ensure that only people who really want
to vote would do so
(C) to get around the Fifteenth Amendment
(D) to enfranchise former slaves
(E) because literacy is necessary for democracy
to function
18. How are the Fourteenth Amendment and the
Civil Rights Act of 1964 similar?
(A) They both were enacted quickly and easily.
(B) They both passed the strict scrutiny test
administered by the Supreme Court.
(C) They were both based on Congress’s power
to regulate interstate commerce.
(D) They both sought equal rights for women.
(E) They both sought equal rights for African
Americans.
14. The Civil Rights Act of 1964 was designed to
overturn which of the following?
(A) integration
(B) Jim Crow laws
(C) nonviolent direct action
(D) the Fifteenth Amendment
(E) Reconstruction
15. What provision of the Constitution did Congress
use to justify laws prohibiting discrimination in
public accommodations, such as hotels and
restaurants?
(A) the commerce clause
(B) the Eighteenth Amendment
(C) the First Amendment
(D) the full faith and credit clause
(E) the supremacy clause
Lesson 12 – Civil Rights (456-458, 479-495)
LESSON 13
EDUCATION RIGHTS
(496-500)
UNIT 2
Civil Liberties and Civil Rights
(≈10%)
PLESSY V. FERGUSON (1896)


The Court endorsed the separate-but-equal doctrine
Separate but equal always resulted in discrimination against African-Americans, leading to lawsuits
challenging the doctrine
BROWN V. BOARD OF EDUCATION (1954)
 The Court reversed its Plessy decision; segregation is itself discrimination (separate-but-equal



unconstitutional)
Brown I was the end of segregation
Brown II was the process of integration
Title VI of the Civil Rights Act of 1964 stipulates that federal dollars under any grant or project be
withdrawn from a school that discriminates (Civil Rights Act of 1964 essentially ends Jim Crow laws)
FROM SEGREGATION TO DESEGREGATION
 de jure segregation – segregation imposed by law
o Supreme Court sustained the right of judges to order busing to overcome de jure segregation
o de jure segregation doesn’t exist in America today
 de facto segregation – segregation resulting from economic or social conditions or personal choice
o The Court has refused to permit judges to order busing to overcome the effects of de facto
segregation
o de facto segregation still exists in America legally today (i.e. neighborhoods)
THE AFFIRMATIVE ACTION CONTROVERSY
 Affirmative action - policies requiring special efforts in employment, promotion, or school admissions on
behalf of disadvantaged groups
o The goal of affirmative action is to move beyond equal opportunity toward equal results.
o Some groups have claimed that affirmative action programs constitute “reverse discrimination.”
 Constitutionality of affirmative action programs
o University of California Regents v. Bakke (1978)
 Quotas cannot be used for admissions (cannot reserve seats for racial minority groups)
 Affirmative action programs are not necessarily unconstitutional
 Reaffirming the Importance of Diversity
o Gratz v. Bollinger (2003) – race cannot be used as a “bonus” point
o Grutter v. Bollinger (2003) – race can be one of the factors to be considered in admissions
Lesson 13 – Education Rights (496-500)
FREE RESPONSE QUESTION (FRQ) REVIEW
1. Many scholars and observers have argued that the ratification of the Fourteenth Amendment to
the Constitution has become the single most important act in all of United States politics.
(a) Identify which provision of the Fourteenth Amendment was applied in the Supreme Court case
Regents of the University of California v. Bakke (1978) and explain the significance of the
decision in United States politics.
2. Segregation has existed in America whether by law or by practice.
(a) Compare de facto segregation with de jure segregation.
(b) In Plessy v. Ferguson, explain what did the Supreme Court said about the relationship
between de jure segregation and equality.
(c) Explain what did the Supreme Court said about this relationship in Brown v. Board of
Education.
3. The South had successfully avoided the promises of the Fourteenth and Fifteenth Amendments
through various mechanisms.
(a) Define the Civil Rights Act of 1964 and the Voting Rights Act of 1965
(b) Explain why the two acts in (a) were necessary given that the Fourteenth and Fifteenth
Amendments were enacted decades beforehand.
Lesson 13 – Education Rights (496-500)
MULTIPLE CHOICE (MC) REVIEW
1. In Regents of the University of California v.
Bakke (1978), the Supreme Court determined
that __________ were unconstitutional.
(A) poll taxes
(B) grandfather clauses
(C) all forms of affirmative action
(D) Jim Crow laws
(E) racial quotas
2. What strategy did the National Association for
the Advancement of Colored People (NAACP)
use most effectively to advance civil rights for
African Americans?
(A) boycotts
(B) protests
(C) litigation
(D) nonviolent direct action
(E) marches and rallies
3. What was the basis for the Supreme Court’s
decision in Plessy v. Ferguson (1896) that
upheld the constitutionality of a state law
requiring segregated railroad facilities?
(A) Former slaves are not entitled to full
citizenship rights because they did not
immigrate to the United States willingly.
(B) Former slaves are not entitled to full
citizenship rights because they were
considered property under the law.
(C) The Constitution does not prohibit
segregation; it only mandates equal
protection under the law.
(D) Railroad transportation involves interstate
commerce, which is regulated by Congress;
there is no provision in federal law that
prohibits segregation.
(E) Each state has the right to interpret the
Constitution as it sees fit, as long as the
interpretation is “reasonable and without
malice.”
4. What did the Supreme Court determine was
unconstitutional in Brown v. Board of
Education?
(A) integrated schools
(B) poll taxes
(C) segregation of schools
(D) unequal school funding
(E) school busing
5. What is the source of de facto segregation and
discrimination?
(A) practice
(B) law
(C) the Constitution
(D) Congress
(E) affirmative action
6. Which of the following is an example of de jure
segregation?
(A) Jim Crow laws
(B) the tendency for churches to be racially
homogeneous
(C) the small number of African American
senators
(D) sequestering the jury in order to ensure a
fair trial
(E) Title IX legislation
7. What was the Supreme Court’s justification for
overturning the separate-but-equal doctrine?
(A) The Supreme Court did not have all of the
facts when it adopted the separate-butequal doctrine.
(B) The separate-but-equal doctrine was never
intended to apply to people.
(C) The quality of life for African Americans in
the South had deteriorated considerably
since the adoption of the separate-butequal doctrine.
(D) The Supreme Court needed to step in
because the South had been unwilling to
segregate educational facilities as required
by Plessy v. Ferguson.
(E) Segregated schools stigmatize minority
children and are inherently unequal.
8. Which of the following affirmative action
programs would be a clear violation of the
Supreme Court’s decision in Regents of the
University of California v. Bakke (1978)?
(A) considering race as a factor in university
admissions decisions
(B) considering how an applicant would
contribute to the diversity of the university
(C) considering applicants’ academic and
extracurricular achievements
(D) admitting some minority applicants with
lower academic achievement than some
rejected white applicants
(E) setting aside a certain percentage of
admissions slots for African American
students
Lesson 13 – Education Rights (496-500)
9. Which of the following arguments would most
likely be made by an opponent of affirmative
action policies?
(A) Affirmative action helps to compensate for
past discrimination.
(B) Discrimination is a natural part of the
human experience.
(C) Affirmative action discriminates on the
basis of race.
(D) Diversity helps Americans better
understand each other.
(E) Unaddressed past discrimination causes
perpetual inequality.
10. Why did the Supreme Court strike down an
affirmative action program in Gratz v. Bollinger
(2003) but uphold a different affirmative action
program in Grutter v. Bollinger (2003)?
(A) The Gratz program was predicated on
promoting diversity, while the Grutter
program was predicated on remedying past
discrimination.
(B) The Gratz program used race as a “plus
factor,” while the Grutter program relied on
a race-based quota system.
(C) The Gratz program used a mechanical,
point-based system, while the Grutter
program used race as part of an
individualized, holistic review.
(D) The Gratz program classified applicants by
race, while the Grutter program classified
applicants by ethnicity.
(E) The Grutter program had a history of
discrimination, while the Gratz program was
for an already diverse school.
11. If you thought you were getting an inferior
public education because of your ethnicity,
which part of the Constitution would you rely
on most heavily to justify your case?
(A) the First Amendment
(B) the Thirteenth Amendment
(C) the Fourteenth Amendment
(D) the Nineteenth Amendment
(E) the Equal Rights Amendment
12. What is the status of affirmative action in
college admissions after the Supreme Court
decisions in the two cases involving the
University of Michigan, Gratz v. Bollinger (2003)
and Grutter v. Bollinger (2003)?
(A) Affirmative action policies are generally
permissible, but they cannot involve racebased quotas or numerical point systems.
(B) Affirmative action policies are assumed to
be unconstitutional unless the university
can demonstrate the need to promote
racial tolerance.
(C) Affirmative action policies are assumed to
be constitutional unless an applicant can
demonstrate that race affected the
admissions decision.
(D) Affirmative action policies must ensure that
all racial and ethnic groups are represented
in accordance with the population of the
nation as a whole.
(E) All forms of affirmative action are
unconstitutional because they unfairly favor
some people over others based on the color
of their skin.
Lesson 13 – Education Rights (496-500)