Unit 8 Civil Liberties and Civil Rights Review Guide
Assembly: the right to hold public meetings and form associations without interference by the
government (1st Amend)
Incorporation: BOR extended to the states (Barron v Baltimore)
Petition: constitutional guarantee (liberty)
Slander: Spoken defamatory statement
Civil Disobedience: opposing a law one considers unjust by peacefully disobeying it an accepting the
resultant punishment
Due process clause: Denies the government the right, without due process, to deprive people of life,
liberty, and property. (14th Amend)
Segregation: racial separation
Jim Crow: State laws formerly pervasive throughout the south requiring public facilities and
accommodations to be segregated by race; ruled unconstitutional.
Libel: written or published defamatory statement
Establishment Clause: Clause in the First Amendment that states that Congress shall make no law
respecting an establishment of religion; no support to any
Free Exercise Clause: Clause in the First Amendment that states that Congress shall make no law
prohibiting the free exercise of religion
Integration: the action of incorporating a racial or religious group into a community
Separate but Equal: Plessy v. Ferguson (1896) in which the Supreme Court ruled that segregation of
public facilities was legal
Selective Incorporation: Court applies parts of BOR to the states
Bad Tendency Test: forbid speech that corrupts society or that encourages crime; test abandoned because
it was too broad
Prior Restraint: censorship of or punishment for the expression of ideas before the ideas are printed or
spoken
Unprotected Speech: Libel, obscenity, fighting words, and commercial speech, which are not entitled to
constitutional protection in all circumstances
Obscenity: defined in Miller v. California as arousing/unwholesome in nature with no artistic, scientific,
literary or political value
Commercial Speech: Advertisements and commercials for products and services; they receive less First
Amendment protection, primarily to discourage false and misleading ads
Fighting Words: words that by their very nature inflict injury upon those to whom they are addressed or
cause acts of violence by them
Property Rights: The rights of an individual to own, use, rent, invest in, buy, and sell property.
Regulatory Taking: A government regulation that effectively takes land by restricting its use, even if it
remains in the owner's name.
Eminent Domain: The power of the government to take private property for public use; just compensation
must be given for the property taken.
Substantive due process: Constitutional requirement that governments act reasonably and that the
substance of the laws themselves be fair and reasonable; limits what a government may do.
Grand Jury: A jury of 12 to 23 persons who, in private, hear evidence presented by the government to
determine whether persons shall be required to stand trial. If the jury believes there is sufficient evidence
that a crime was committed, it issues an indictment.
Petit Jury: A jury of 6 to 12 persons who determine guilt or innocence in a civil or criminal action.
Natural Rights: The rights of all people to dignity and worth; also called human rights.
Naturalization: A legal action conferring citizenship on an alien
dual citizenship: Citizenship in more than one nation
Woman’s Suffrage: The right of women to vote
Equal Protection Clause: Clause in the 14th Amendment that forbids any state to deny to any person
within its jurisdiction the equal protection of the laws; constitutional restraint on the power of the
government to discriminate against persons because of race, national origin, or gender.
Affirmative Action: Remedial action designed to overcome the effects of discrimination against
minorities and women.
Clear and Present Danger: government cannot interfere with speech unless the speech presents a clear and
present danger that it will lead to evil or illegal acts.
Quota: Any racial quota system supported by the government violated the Civil Rights Act of 1964
Double Jeopardy: Trial or punishment for the same crime by the same government; unconstitutional
Civil Liberties: Constitutionally protected freedoms of all persons against government restraint
Civil Rights: Constitutional rights of all people, not just citizens, to due process and the equal protection
of the laws.
Rational Basis Test: a law is constitutional as long as it meets a reasonable government interest.
Strict Scrutiny Test: the government must show that there is a compelling reason for the law and no other
less restrictive way to meet the interest
Heightened Scrutiny Test: to be upheld, the law must meet an important government interest
White Primary: A democratic party primary in the old "one party South" that was limited to white people
and essentially constituted an election; ruled unconstitutional in Smith v. Allwright (1944)
Racial Gerrymandering: The drawing of election districts so as to ensure that members of a certain race
are a minority in the district; ruled unconstitutional in Gomillion v. Lightfoot (1960)
De jure segregation: Segregation imposed by law
de Facto Segregation: Segregation resulting from social conditions or personal choice
1. Describe the significance of the 14th Amendment, explain the difference between Procedural and
Substantive Due Process.
The 14th Amendment emphasizes that all people must be treated equally (due process) - states cannot
deprive people of their liberties and states must abide by most the provisions of the Bill of Rights
(INCORPORATION).
Procedural due process: protects individuals from coercive power of the gov by abiding to and ensuring
fair/impartial procedures
Substantive due process: protects individuals from majoritarian policies that exceed limits of gov
authority
2. What restrictions govern freedom of speech? How have they changed over time?
Schenck v US (1919) - limited speech in wartime (clear and present danger)
Gitlow v NY (1925) - free speech applied to the states; can censor socialist incitement
Chaplinksy v NH (1942) - 1st amend does not protect fighting words (causing injury, breach of peace)
3. Plot and explain the steps required to achieve sexual equality in the US. Has it been achieved?
US v. Windsor: marriage cannot be limited to opposite sex unions under due process 5th amendment
Obergefell v. Hodges: all states must recognize fundamental right to marry as same-sex couples
Reed v. Reed: no preference to members of either sex (estate administrators)
Ledbetter v. Goodyear: employers cannot be sued over race/gender discrimination if claims are based
from 180 days ago
4. Briefly discuss the conflicts concerning the implementation of Affirmative Action. Use specific
examples.
Sweatt v. Painter: black student admitted to Texas law school - separate school would be inferior (equal
protection clause)
Regents of the University of California v. Bakke: upheld affirmative action, race can be a factor
5. How do non-governmental influences dictate protection of rights of liberties?
Organizations and public movements like the NAACP influence protection and advocate for larger
awareness of inequality and change
6. Which strategies were used by civil rights leaders? What were their greatest weapons?
Peaceful protests - marches, speeches, sit-ins, boycotts - power of the people
7. What major provisions were included in the Civil Rights Acts of the 1960’s? What was their
immediate and long term impact?
CRA 1960: penalties for those who obstructed someones attempt to register to vote
CRA 1964: ended segregation in public places, banned employment discrimination on race, color,
religion, sex, national origin
CRA 1968: equal housing opportunities
8. What regulatory power does the government possess over the private lives of US citizens?
Private property/disputes: Kelo v. New London: city can take private property for development as public
use and economic development - does not violate 5th (due process)
Lucas v. SC Coastal Council: A ban rendering property valueless is equal to just compensation
Acts within the home: Lawrence v. Texas: liberty to sexual conduct within your own home , cannot
prohibit (due process)
Abortion: Roe v. Wade: abortion included in right to privacy (14th amend)
Griswold v. Connecticut: Connecticut statue violates martial privacy, contraceptives etc
Planned Parenthood v. Casey: New standards for abortion - imposing undue burden (allowed to wait 24
hrs, obtain parental consent etc)
9. For the 1st, 2nd, 4th, 5th, 6th, 7th, 8th, - describe a landmark Supreme Court Case and explain what
legal precedent it set up.
1. freedom of speech, religion, assemble, press (free exercise, establishment)
- Engel v. Vitale: school cannot authorize nondenominational prayer, establishment clause
2. right to bear arms
- District of Columbia v. Heller: right to possess firearm in the home, handgun bans were
unconstitutional
4. unreasonable search/seizure
- Mapp v. Ohio: illegal evidence is inadmissible
5. double jeopardy/self-incrimination/gov compensation for deprivations
- Miranda v. Arizona: self-incrimination rights extends to police interrogation
6. speedy trial, lawyer
- Gideon v. Wainwright: right to a lawyer
7. right to trial by jury
- Feltner v. Columbia Pictures: right to jury trial to recover damages
8. no excessive bail/fines/cruel or unusual punishment
- Roper v. Simmons: execution of minors is cruel and unusual
