This document provides an overview of key Supreme Court cases and concepts related to civil liberties and individual rights protected by the US Constitution. It discusses several Bill of Rights amendments, including required Supreme Court cases that relate to the establishment of religion, freedom of expression, right to bear arms, rights of the accused, and protections against unreasonable searches and seizures. The document also examines the incorporation doctrine and how it has applied parts of the Bill of Rights to the states.

1. Civil Liberties
AP Unit 5

2. AP Required Supreme Court Cases
 Marbury v. Madison (1803)
 McCulloch v. Maryland (1819)
 Brown v. Board of Education (1954)
 Gideon v. Wainwright (1963)
 Tinker v. Des Moines Independent Community School District
(1969)
 Roe v. Wade (1973)
 United States v. Lopez (1995)
 Baker v. Carr (1961)
 Engel v. Vitale (1962)
 New York Times Company v. U.S. (1971)
 Schenck v. United States (1919)
 McDonald v. Chicago (2010)
 Shaw v. Reno (1993)
 Wisconsin v. Yoder (1972)
 Citizens United v. Federal Election Commission (FEC) (2010)

3. The Bill of Rights
 First ten amendments to the Constitution
(ratified 1791)
 contain our civil liberties - Constitutional
protections of individuals’ rights from
government abuse
 Although people have rights, no rights are
absolute (you CAN’T just do whatever you
want!)
 When your rights get in the way of someone
else’s rights, they aren’t your rights
anymore

4.  14th Amendment - prohibits states from
interfering with rights of citizens or depriving
them of life, liberty, or property without due
process (fair treatment under the law)
– ***Contains both the due process clause and the
equal protection clauses ***
 Incorporation Doctrine – constitutional
interpretation that the 14th Amendment’s due
process clause applied the Bill of Rights to
states as well as the national gov’t

5.  Selective Incorporation – the SC
incorporates/applies certain parts of certain
amendments for the states to follow, rather
than amendments as a whole
– 1st, 2nd, and 4th Amendments are fully
incorporated
– 5th, 6th, and 8th Amendments are partially
incorporated
– 3rd, 7th, 9th, and 10th Amendments are not
incorporated
– Limits state powers by federal gov’t overrule;
states trying to regulate individual rights could
be taken up by SC

6. 1st Amendment:
The Freedom of Religion
Contains two clauses:
 Establishment Clause - the gov’t
cannot establish or encourage religion
 Free Exercise Clause - the gov’t
cannot interfere with an individual’s
practice/non-practice of religion

7. Separation of Church and State
 Jeffersonian principle that says religion
and gov’t can interact, but cannot
control one another (there’s a “wall of
separation”)
– NOT found in the Constitution

8. Establishment Clause and
Schools
 parochial school - a church-oriented
school
 Public schools have restrictions on
religious activities:
– Religious student groups are allowed to
use school facilities to meet
– These meetings must be led by students,
not teachers/administrators

9. Lemon v. Kurtzman
(1971)
 Pennsylvania law allowed reimbursement of
funds to private religious schools for secular
activities.
 Importance of the Ruling:
ESTABLISHED THE LEMON TEST:
 Gov’t funding to schools cannot be used for
religious purposes
 Funding cannot be used to promote or
discourage religion
 Funding cannot excessively entangle gov’t
and religion

10. Engel v. Vitale (1962)
 *REQUIRED CASE*
 A NY school system created a short,
voluntary prayer to be recited at
beginning of every school day.
Importance of the Case:
 Court ruled that government-written
school prayer is a violation of the
Establishment Clause.

11. Free Exercise?
 The free exercise of religion does not
allow one to:
– Violate criminal laws
– Offend public morals
– Threaten someone else’s safety

12. Wisconsin v. Yoder (1972)
 *REQUIRED CASE*
 Three Amish students were prosecuted under a
Wisconsin law that required all children to attend
public schools until age 16. The parents refused
to send their children to such schools after the
eighth grade, arguing that high school
attendance was contrary to their religious beliefs.
 Importance of the Case:
– Forcing Amish students to attend school
past the eighth grade is a violation of the
First Amendment’s Free Exercise Clause

13. Employment Division of
Oregon v. Smith (1990)
 Native American church members were found
using an illegal substance, peyote, as part of
religious ritual. They were fired from their jobs
and denied unemployment benefits.
 Importance of the Ruling:
Court said state laws could interfere with
practice of religion if they don’t specifically
target religion itself (counselors’ actions were
not protected by Free Exercise Clause).

14. West Virginia State Board of
Education v. Barnette
(1943)
 The pledge of allegiance was a required
to be recited by all students and school
officials or face punishment. Some
students refused for religious reasons.
 Importance of the Case:
SC ruled that requiring recitation of the
pledge was unconstitutional because it
was forced expression of ideas.

15. Reynolds v. United States
(1878)
 George Reynolds, a Mormon,
challenged the federal anti-bigamy laws
as a violation of the Free Exercise
clause.
 Importance of the Case:
SC ruled that the First Amendment does
not protect religious practices that are
considered to be criminal, such as
bigamy.

16. 1st Amendment: Freedom of
Expression
 Constitutional right to the expression of
ideas through words and actions
– Includes freedoms of speech, press, and
assembly

17. What is NOT free speech?
 Slander – false, malicious words
spoken with intent to harm a person’s
reputation
 Libel – false, malicious words written
with intent to harm a person’s reputation
 Seditious speech - speech used to
encourage others to violently overthrow
a gov’t institution

18. Gitlow v. New York (1925)
 Gitlow was arrested for distributing “left-wing
manifestos” that encouraged the
establishment of a socialist state.
 Importance of the Case:
SC ruled that states can make laws punishing
those whose speech presents a “dangerous
tendency” toward disrupting public security.
(*began applying incorporation doctrine*)

19. &#^$@* Obscenity !*@#$$%
 Material is considered obscene if it:
– encourages an excessive interest in sexual
matters
– Is considered offensive by established
obscenity laws
– Lacks “serious literary, artistic, political, or
scientific value”

20. Roth v. United States (1957)
 Roth was a book-seller convicted of
mailing obscene material in violation of
law.
 Importance of the Case:
SC ruled that obscenity is not a
protected form of the freedom of
expression.

21. Miller v. California (1973)
 Miller mass mailed advertisements to
promote the sale of “adult material”,
violating a CA obscenity law.
 Importance of the Case:
SC ruled that community standards
must be used to determine whether
material is obscene or not.

22.  “clear and present danger” - when
words or actions put the public in
potential danger
 true threats - threatening the well-being
of an individual
 fighting words - expressions used for
the sole purpose of inviting a violent
reaction

23. Schenck v. United States
(1919)
 *REQUIRED CASE*
 During WWI, Schenck mailed out fliers
encouraging resistance to the military draft
and was arrested for encouraging military
insubordination.
 Importance of the Case:
SC ruled speech that presents a “clear and
present” danger is not constitutionally
protected.

24. Symbolic Speech
 symbolic speech - the expression of
ideas through actions rather than words
(ex: protests)

25. Tinker v. Des Moines (1969)
 *REQUIRED CASE*
 Students wore black armbands to protest the
Vietnam War. Three students were
suspended for refusing to remove the
armbands.
 Importance of the Case:
SC ruled that wearing armbands was
protected symbolic speech and did not pose
any true danger or disruption to the school
environment.

26. Texas v. Johnson (1989)
 Gregory Lee Johnson was convicted for
burning an American flag outside a city
hall in violation of TX flag desecration
laws.
 Importance of the Case:
SC ruled that the TX law was
unconstitutional: flag burning is a
protected form of symbolic speech.

27. Commercial Speech
 commercial speech - communication
of ideas in the form of advertising
 Federal Trade Commission (FTC)
regulates and punishes false advertising

28. Speech and Campaigning
 Campaign contributions have been
interpreted as the freedom of
expression of political preferences and
ideas

29. Buckley v. Valeo (1976)
 To fight corruption, Congress made a law
restricting individual contributions and total
contributions to candidates, with FEC created
to enforce these restrictions.
 Importance of the Case:
SC ruled that limits on individual contributions
were not a violation of the 1st Amendment,
but limits on independent expenditures,
overall spending limits, and personal
spending by candidates were violations.

30. Citizens United v. Federal
Election Commission 
(2010)
 *REQUIRED CASE*
 Struck down part of McCain-Feingold Act that
prohibited corporations from spending money
in electioneering as violation of free speech.
 Importance of the Ruling: allows
corporations and unions to spend as much
money as they want to promote their political
views (CANNOT directly endorse a candidate
though).

31. Freedom of the Press
 Expression of ideas and beliefs through the
printed word
 Closely associated with freedom of speech
and its limitations
 Prior restraint - gov’t censorship/prevention
of material before it is printed; generally found
to be unconstitutional (except in cases of
national security)
– People are still responsible for consequences
AFTER material is printed though

32. Near v. Minnesota (1931)
 Jay Near published a newspaper article
attacking local officials, accusing them of
being gangsters. He was arrested under a
Minnesota law that punished such press
behavior.
 Importance of the Case:
SC ruled that the MN law constituted prior
restraint, and was therefore unconstitutional.

33. New York Times v. U.S. (1971)
 *REQUIRED CASE*
 (AKA Pentagon Papers Case) -The Nixon
administration endeavored to stop the
publication of Vietnam War history documents
in the NY Times as violations of national
security.
 Importance of the Case:
SC ruled that the documents did not pose
enough of a national security threat to
warrant prior restraint; sets up a high and
difficult standard to allow gov’t censorship

34. Hazelwood v. Kuhlmeier (1988)
 The Spectrum, a high school newspaper
written and edited by students, had two
articles censored by the principal because
they addressed the topics of divorce and birth
control.
 Importance of the Case:
SC ruled that the school did not violate the
students’ freedom of press, because it was
acting to uphold the school’s standards of
student free speech.

35. Freedom of Assembly
 The right of individuals to peaceably
assemble to express ideas/beliefs
 Gov’t can limit where, when, and how a
group demonstrates (ex: cannot protest
on private property)
 Content neutral - gov’t cannot create
limits based on the content of the
assembly

36. Freedom of Petition
 “petition the government for the redress
of grievances”
 Citizens are Constitutionally protected in
asking/petitioning the government to fix
problems, address issues, etc.

37. Freedom of Association
 Groups and organizations have the right
to associate with others of a common
interest
 They cannot be forced to associate with
ideas that go against what their group
inherently stands for

38. The 2nd Amendment: The Right
to Bear Arms
 Is widely interpreted to grant individuals
the constitutional right to possess guns
for the purpose of self defense
– Some argue it is only for militia purposes
 SC rarely takes up cases on gun control

39. District of Columbia v. Heller
(2008)
 D.C. law barred the registration of handguns,
required licenses for pistols, and required all
guns to be kept unloaded and disassembled
or trigger locked.
 Importance of the Case:
SC found that this was not viable regulation,
but a violation of the 2nd Amendment, as
such requirements interfered with a citizen’s
right to protect themselves.

40. McDonald v. Chicago (2010)
 *REQUIRED CASE*
 Petitioners brought lawsuits against City
of Chicago and Village of Oak Park,
challenging city laws that banned
handguns (similar to Heller)
 Importance of the Case:
–This case incorporates and applies
the 2nd Amendment to the states
using the 14th Amendment

41. U.S. v. Lopez (1995)
 *REQUIRED CASE*
 Alfonzo Lopez carried a concealed weapon
into his high school and was later charged
with violating a federal criminal statute, the
Gun-Free School Zones Act of 1990.
 Importance of the Case:
– SC found the Gun-Free School Zones Act
of 1990 unconstitutional because it was not
in Congress’s jurisdiction to make laws
about state gun-free zones (was NOT an
area of commerce for Congress to use
their Commerce Clause powers)

42. Rights of the Accused
 Due process - fair treatment according to the
law and judicial system
– Due process clauses found in 5th Amendment
(applies to the national gov’t) and 14th
Amendment (applies to the state gov’ts)
TWO TYPES:
 substantive due process - the substance of
the laws (what they’re about) must be fair
 procedural due process - how the laws are
applied/enforced must be fair

43.  Writ of habeas corpus - “to have the
body”; a person must be told why
they’re being arrested with evidence
presented before a judge
– Can be suspended in times of rebellion or
invasion (national emergencies) by
Congress

44. The 4th Amendment: Searches
and Seizures
 4th Amendment forbids unreasonable
searches and seizures of an individual’s
property without due process
 probable cause - reasonable suspicion
that a crime has been committed
 search warrant - court order needed to
conduct searches; issued if probable
cause is presented

45. No Search Warrant Needed If:
 The suspect consents to search
 Evidence is “in plain sight” by officials
 If the suspect has been legally arrested
 Vehicles stopped on probable cause
and routine road stops

46. The Exclusionary Rule
 exclusionary rule - evidence that is
taken illegally cannot be used against a
suspect in court
– Doing so would be a violation of procedural
due process

47. Exceptions to the Exclusionary
Rule
 “inevitable discovery” - the evidence
would have been found in the course of
a lawful search
 “in good faith” - evidence taken by
mistake in the belief that it was taken
lawfully

48. Mapp v. Ohio (1961)
 Dollree Mapp’s house was searched in
pursuit of a fugitive, but no warrant was
given. During the search, obscene
materials were found and used to
convict Mapp.
 Importance of the Case:
SC used this case to define the
exclusionary rule and the illegal
evidence obtained against Mapp was
thrown out.

49. New Jersey v. T.L.O. (1985)
 T.L.O. was caught smoking cigarettes against
school rules. A search of her purse produced
not only cigarettes, but various drug
paraphernalia that was used to convict her in
court.
 Importance of the Case:
SC ruled that the school search was
reasonable and that search warrants do not
apply to school settings because students
have a reduced expectation of privacy in a
school environment.

50. The 5th Amendment
 double jeopardy - an individual cannot
be tried for the same crime twice
 self-incrimination - an individual
cannot be forced to give evidence that
can later be used against them
– Must be read their constitutional rights
before interrogation

51. Miranda v. Arizona (1966)
 Ernesto Miranda was arrested for the
kidnapping and rape. He was questioned for
two hours and confessed, but was not told of
his rights against self-incrimination or his right
to counsel. Miranda was convicted as a result
of his confession.
 Importance of the Case:
SC ruled that Miranda’s 5th and 6th
Amendment rights had been violated. As a
result, the Miranda Warning/Rule was
created, and “Miranda Rights” are read to all
accused persons before questioning.

52. The 6th Amendment
 Guarantees all accused persons:
– A public and speedy trial by an impartial
jury
– Be told what they’re accused of
– Be confronted with witnesses against them
– Obtain witnesses in their favor
– Have counsel to help in their defense

53. Gideon v. Wainwright (1963)
 *REQUIRED CASE*
 Clarence Earl Gideon was charged with a FL
state felony, but could not afford an attorney.
The court refused to appoint him one, saying
state courts didn’t have to. Gideon served as
his own defense and was convicted. He
appealed his case to the SC as a violation of
his 6th amendment right to counsel.
 Importance of the Case:
SC ruled that Gideon’s right to counsel had been
violated and that state courts as well as the federal
courts must appoint an attorney when a defendant
cannot afford one (6th and 14th Amendments).

54.  Most cases are not solved through
trials, but plea bargaining - bargain
struck between prosecution and
defense in which defendant (accused)
pleads guilty to a lesser crime to avoid
being charged with a higher crime

55. Trials and the Jury
 Serious crimes require indictment (formal
accusation) by grand jury first
 Trial juries consist of 12 people chosen at
random from the area where the crime was
committed
 Generally decision must be unanimous
 If any have a reasonable doubt as to guilt,
they must give a verdict of “not guilty”
 Undecided jury = hung jury

56. NOT ALLOWED:
 bill of attainder - a law that punishes
someone for a crime without a jury or
judicial process
 Ex post facto law - “after the fact” -
laws that punish an action that was
lawful at the time it was committed

57. The 8th Amendment
 Protects against excessive bails and
fines and cruel and unusual punishment
 Cruel and unusual punishment:
punishment that goes beyond the
appropriate discipline of a criminal act
– Debate usually centers around death
penalty (capital punishment)

58. Gregg v. Georgia (1976)
 Gregg was found guilty of murder and
sentenced to death. He appealed his
case, reasoning that the death penalty
was cruel and unusual punishment.
 Importance of the Case:
SC ruled that in cases of extreme crime,
such as murder, the death penalty is not
cruel and unusual punishment.

59. Atkins v. Virginia (2002)
 Daryl Atkins was sentenced to death for
capital murder and other crimes, but was
claimed to have been “mildly mentally
retarded” and fought the verdict.
 Importance of the Case:
SC ruled that the execution of mentally
handicapped criminals constituted cruel and
unusual punishment.

60. Roper v. Simmons (2005)
 Christopher Simmons murdered a woman
when he was 17 years old. He was convicted
and given the death penalty.
 Importance of the Case:
SC ruled that society’s standards had
changed since Stanford v. Kentucky, and that
the execution of minors now constitutes cruel
and unusual punishment.

61. Right to Privacy
 Implied by the Bill of Rights (esp. 1st,
3rd, 4th, and 14th amendments)
 Most controversial of these cases
involve wiretapping, acquisition of
information, and abortion

62. Griswold v. Connecticut
(1965)
 Griswold was a director of Planned
Parenthood who, with a colleague, gave
information and advice to married couples
about birth control. This counseling violated a
Connecticut state law and they were
convicted.
 Importance of the Case:
SC ruled that the 1st, 3rd, 4th, and 9th
amendments implied a right to privacy that
extended to marital relations; thus the CT law
was unconstitutional.

63. Roe v. Wade (1973)
 *REQUIRED CASE*
 Roe sought an abortion, though TX state law
only allowed abortion to save the mother’s
life. Roe sued Dallas district attorney Wade,
stating the TX law was a violation of her right
to privacy.
 Importance of the Case:
SC ruled that a woman’s choice to have an
abortion is a right to privacy protected by the
Constitution (especially 4th Amendment), with
total choice over the first trimester (states had
regulations to follow for regulating later
periods of the pregnancy).