AP Government – Civil Liberties & Civil Rights: General Introduction
I.
Civil Liberties v. Civil Rights
a. civil liberties = legal and constitutional rights that protect individuals from arbitrary acts of government
b. civil rights = policies designed to protect people against arbitrary or discriminatory treatment by
government officials or individuals
II. Within the Constitution…
a. As originally written  placed restrictions on the government
b. Anti-Federalist movement led to Bill of Rights
III. Extension of Rights
a. Bill of Rights
i. Framers’ intent?  pertain only to federal issues (would not pertain to state constitutions and/or
laws)
ii. 1st Amendment language … “Congress shall make no law…”
b. “selective incorporation” (incorporation doctrine)
i. over the years, the courts have made decisions which have “selectively incorporated” pieces of
the Bill of Rights into everyday life (affecting state and local practices as well)
ii. help for this initiative:
1. 14th Amendment
2. Gitlow v. New York (1925)
IV. Dissecting the First Amendment
a. Freedom of Religion
i. Establishment clause = “Congress shall make no law respecting an establishment of
religion.”
1. obviously included as a reaction to previous British rule
2. “wall of separation” was created  separation between church & state
3. important court cases:
a. Lemon v. Kurtzman (1971)
i. Supreme Court declared that aid to church-related schools must do
the following: 1) have a secular legislative purpose; 2) have a
primary effect that neither advances nor inhibits religion; 3) not
foster an excessive government “entanglement” with religion
ii. fine line … materials are ok, but teacher salaries are not
b. Engel v. Vitale (1962) & School District of Abington Township,
Pennsylvania v. Schempp (1963)
i. prayer in schools is not constitutional when directly (or indirectly)
encouraged by school officials
ii. in both cases, state and local officials authorized the prayer
readings and/or Bible verse readings in the public schools
4. overall consensus…
a. Constitution does not require complete separation of church and state
b. Constitution does mandate that all religions be accommodated and none
shall encounter hostility
c. Constitution does forbid government endorsement of religious beliefs
ii. Free exercise clause = prohibits the abridgement of citizens’ freedom to worship or not to
worship as they please
1. all religious beliefs should be accepted by American society
2. belief v. practice???
3. Oregon v. Smith – drug use in religious services?
b. Freedom of Expression (Speech & Press)
i. Prior restraint = censorship (the First Amendment prohibits our government from
enacting prior restraint)
1. exceptions…
a. students
b. wartime & national security
2. court case  Near v. Minnesota (1931) = various names called (some with
religious overtones); paper was shut down, but ordered to be reopened by the
Supreme Court
ii. Public order = wartime and peacetime often generate various outspoken individuals
1. **when danger exists, the government can restrain free speech** (Schenck v.
U.S.)
2. examples of 1920’s, 1950’s (McCarthy era), Vietnam, Iraq
iii. Obscenity = lewd & offensive material (VERY VAGUE!)
1. court cases:
a. Miller v. California (1973)
i. court case to clarify definition of obscenity  lewd & offensive
ii. “Miller Test” –
1. as a whole, the work in question appeals to “prurient
interest in sex”
2. the work in question shows “patently offensive” sexual
conduct (specifically defined by an obscenity law)
3. the work in question lacks “serious literary, artistic,
political, or scientific value” (LAPS)
iv. Libel & Slander…
1. Libel = publication (written word) of false statements that are malicious and
damage a person’s reputation
2. Slander = spoken defamation
3. court case  New York Times v. Sullivan (1964) = addressed the role of public
figures – can declare something libelous only if accusations were made “with
malice and reckless disregard for the truth”
v. Symbolic speech = nonverbal communication  actions that express an opinion
1. examples:
a. wearing an armband (Tinker v. Des Moines)
b. protest march
c. burning the flag (Texas v. Johnson – 1989)
2. allowed if it doesn’t infringe upon others’ rights or violate other laws
a. can’t burn a draft card
b. can’t burn a cross (assumed purpose to intimidate)