1. Civil Liberties
AP Government Chapter 5

2. Liberties and Rights Liberties=Life Protections against the government
Rights=Rules Specific laws to ensure your liberties
They are inter-twined/mixed/over-lap

3. Conflict Sometimes one liberty 180º’s another (Nudity vs. Pornography)
Ex-ACLU vs. Police
Ex-Internal Security Act 1950
Culture can create conflict (immigration, religion)

4. Federal vs. States Who should guarantee your freedoms?
US Constitution/Amendments
State Constitutions
(Supremacy Clause)

5. Judicial Branch
Supreme Court decisions go a long way to defining liberties/ rights
Page 103

6. Amendment 1—5 parts Speech Religion Press Assembly/Association
Petition

7. Speech can cannot Expression Neutral Preferred position Pg 107
Prior restraint
Clear and present danger
Slander
Imminent danger

8. Speech Obscenity 3 parts/rules It would offend the average person
Violates anti-obscenity laws
Lacks artistic value.
“I know it when I see it”
-US Supreme Court Justice Potter Stewart

9. Speech Symbolic Commercial
Can combine with press and religion at times

10. Press
Libel-written untruths
Page 109

11. Religion Free Exercise Free Expression Establishment Clause
no exclusive government sponsored religion

12. Religion Can Can’t Start your own Go door to door Sacrifice animals
Stop going to school
Not work on Saturday
Avoid the draft
Polygamy
Avoid vaccinations
Use drugs
Mandatory prayers in school

13. Wall of Separation
Principle of no government participation in things religious
Impossible for the government to do
Page 113/114

14. The Lemon Test Lemon vs. Kurtzman 1971
When is government involvement OK?
Has a secular purpose
Is religious neutral
Keeps govt. involvement at a minimum

15. Assembly/Association
Free to hang out with a group of people (local law can set limits)
If it is for a cause/purpose…follow the “P’s”
Peaceful-Permission-Police
Do not break a law-incite people to

16. Petition Can ask/request change in the government
Applies to all levels (Federalism)
Most common in state/local
Initiatives Referendums

17. Amendment 2
Gives states the right to have a militia (Ohio National Guard)
NOT individuals-many rules to having a weapon

18. Amendment 3 We use military bases/public buildings
Outdated since Revolutionary War when British army took homes

19. Amendment 4 Searches and Seizures Need probable cause search warrants
permission from individual
Miranda vs. Arizona 1966

20. Illegal Evidence Exclusionary Rule Illegal evidence cannot be used
Self confessions when coerced are illegal
Mapp vs. Ohio 1961

21. Use of Illegal Evidence
Part of Drug testing
Inevitable discovery
Good faith
Honest mistake on warrant
Undercover confessions
in jail

22. Search without a Warrant
Can search you/area when arrested
Emergency
You give consent
Evidence in plain view
Moveable crime scene (articulable suspicion)

23. Minors Reasonable belief only needed at school New Jersey vs. TLO 1985
Rehab vs. jail—probation/parent supervision/community service
18 is a minor at school
Student/Teacher relationship still exists outside of school

24. USA Patriot Act Response to 911
Allows govt. to by-pass courts when investigating terrorists
Wire taps/Internet taps/Sharing Grand Jury info./Immigration laws/Financial laws/No Statute of Limitations on Terror Crimes/Voice mail-

25. Military vs. Civil Courts
Terrorists are tried in military courts-no jury
Foreigners held in US military prisons (Guantanamo)
Page 121

26. Amendment 5 Indictment by grand jury No double jeopardy
No self- incrimination
Given due process
Eminent domain

27. Types of Due Process Procedural- the actions of the government/police
Substantive- the wording of the law

28. Amendment 6 Speedy trial (100 days) Public trial Jury of Peers
Trial held where crime was committed
Informed of crime
Have a lawyer
Call witnesses in favor
Cross-examine opposing witnesses

29. Amendment 7
Civil trials with a jury if you want

30. Amendment 8 Bail Cruel Punishment
No torture
Death Sentences
are limited
Sentencing session
Mental state
Only for certain crimes
Must be fair
Can be denied
Ensures you return for trial
Get it back after trial

31. Amendment 9
You still have other rights in case we missed them in the 1st 8.
The “Oops” Amendment

32. Amendment 10
Any powers not given to the National Government are Reserved to the states
Practice what you preach
(Kind of untrue today)

33. Civil War Amendments 13th- involuntary servitude
14th- all laws apply equally
Due process, nationalized the B of R, equal protection clause
15th- voting -no racial bias (new freed male slaves)