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NEED TO KNOW: Unit 6

NEED TO KNOW: Unit 6. Civil liberties and civil rights. Chapter 5. Civil liberties. 14 th Amendment. Incorporation 14 th Amendment used to apply BoR to states Selective Incorporation Not all BoR apply Case by Case basis Due Process Clause Civil Liberties Equal Protection Clause

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NEED TO KNOW: Unit 6

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  1. NEED TO KNOW: Unit 6 Civil liberties and civil rights

  2. Chapter 5 Civil liberties

  3. 14th Amendment • Incorporation • 14th Amendment used to apply BoR to states • Selective Incorporation • Not all BoR apply • Case by Case basis • Due Process Clause • Civil Liberties • Equal Protection Clause • Civil Rights

  4. Cases to Know - Incorporation • Barron v. Baltimore • BoR only applies to states • Gitlow v. New York • 1st incorporation case - Speech • Palko v. Connecticut • Begins Selective Incorporation • Near v. Minnesota • Press • Everson v. BOE • Establishment Clause • Mapp v. Ohio • 4th Amendment • Gideon v. Wainwright • 6th Amendment

  5. Freedom of Religion • Establishment Clause • No Govt-sponsored religion • Wall-of-Separation • Free-Exercise Clause • Religious Practices • Religion & Schools • Basically, all religions allowed, but not all religious practices • Ex, Polygamy, Peyote

  6. Freedom of Religion Cases Engel v. Vitale Lemon v. Kurtzman Reynolds v. US Oregon v. Smith Lee v. Weisman Jacobson v. Massachusetts West Virginia v. Barnette Wisconsin v. Yoder Abington v. Schempp Wallace v. Jaffree

  7. Freedom of Expression • Speech, Press, Petition, Assembly, Association • Needed in Democratic Society • Symbolic Speech • Preferred Position • Limits not OK unless absolutely necessary • “Clear-and-Present Danger” Test • Libel, Obscenity, Sedition • Time-place-manner restrictions • Prior Restraint • Stopping speech before it happens • Rarely ever ok

  8. Freedom of Expression Cases Schenck v. US Dennis v. US Texas v. Johnson Miller v. California Roth v. US Tinker v. Des Moines Chaplinsky v. New Hampshire Hazelwood v. Kulheimer NYT v. US NYT v. Sullivan Brandenburg v. Ohio NAACP v. Alabama Boy Scouts of America v. Dale

  9. Rights of the Accused • Due Process • Substantive Due Process – Laws must be fair • Procedural Due Process – Procedures must be fair • 4th Amendment • No Unlawful Searches and Seizures • Probable Cause, “In Plain View” • Exclusionary Rule • Good-Faith Exception • 5th Amendment • Absolute Right to remain silent • 6th Amendment • Attorney must be provided (public defender’s office) • 8th Amendment • Death Penalty not “cruel and unusual” if applied fairly

  10. Rights of the Accused Cases Mapp v. Ohio Katz v. US California v. Acevedo US v. Leon New Jersey v. TLO Miranda v. Arizona Escobedo v. Illinois Gideon v. Wainwright Furman v. Georgia; Gregg v. Georgia

  11. Chapter 6 Civil rights

  12. Civil Rights • Civil Rights vs. Civil Liberties • Suspect Classifications • Race – inherently suspect • Gender – more than reasonable • Age, wealth, etc – reasonableness • 14th Amendment – Equal Protection Clause

  13. Race • “Separate-but-Equal” Doctrine – Jim Crow Laws • The CRM in the Courts • Brown v. BOE • Implementing Brown – very slow – BUSING • CRM Demonstrations • Sit-ins, Marches • The CRM in Congress • Civil Rights Act of 1964 • Voting Rights Act of 1965 • De Jure vs. De Facto Segregation

  14. Civil Rights (Race) Cases Scott v. Sanford Plessy v. Ferguson Brown v. Board of Ed Swann v. Charlotte-Mecklenburg Board of Ed Korematsu v. US

  15. Gender & LGBT • Women • 19th Amendment • ERA – Failure • Gender Discrimination • Not Strict Scrutiny like race • Privacy and Abortion • Right to Privacy does exist • Abortion legal • Can be limited if limits are reasonable • LGBT • DOMA • Don’t Ask, Don’t Tell • Fight for Marriage Rights

  16. Civil Rights (Gender and LGBT) Cases Reed v. Reed Rostker v. Goldberg US v. Virginia Griswold v. Connecticut Roe v. Wade Webster v. Reproductive Health Services Planned Parenthood v. Casey Lawrence v. Texas Windsor v. US

  17. Affirmative Action • Preferential treatment for minorities to correct past injustice • Hiring & College Admissions • Equality of Result vs. Equality of Opportunity • Most Americans against Affirmative Action • Though Polls often indicate that they are split • Courts have been very contradictory • Some states are banning affirmative action • California Prop 209

  18. Affirmative Action Cases Regents of University of California v. Bakke Gratz v. Bollinger Grutter v. Bollinger Adarand Constructors v. Pena

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