The Bill of Rights, the first ten amendments to the Constitution, can best be described as protecting civil _____.
Liberties
The Bill of Rights deals with civil __________.
The Equal Protection Clause is most helpful when evaluating laws dealing with civil __________.
rights
Which of the protections in the First Amendment was most critical to civil rights advocacy groups in the 1960s and 1970s?
Freedom of Assembly
Which amendment and clause in the Constitution protects an individual’s religious beliefs and reasonable religious practices?
First Amendment - Free Exercise
To which level of government did the Bill of Rights originally apply?
Federal (Only)
Name one of the restrictions on Freedom of Speech. In other words, identify one area of speech that is not protected by the First Amendment.
Libel/Slander/Defamation; Threats/Fighting Words/Imminent Lawless Action; Obscenity; Time, Place and Manner Restrictions; Disruptive Student Speech
Required Case: In NYT v. US, the Supreme Court held that the government may NOT stop the publication of classified documents, regardless of its impact on national security, under this doctrine.
Prior Restraints
Foundational Document: The most essential exploration of how civil rights advocacy groups should approach their concerns, using nonviolent direct action.
“Letter from a Birmingham Jail”
Regarding federal, state or local laws that restrict the _____ _____ of religion, these laws are permissible so long as they do not inentionally interfere with religious practice.
Free Exercise
At its essence, these 10 principles were included in the Constitution to protect against arbitrary interference by government.
Bill of Rights
Required Case: Students do not shed their rights at the school-house gates. In other words, as long as it is not disruptive, students enjoy free speech in school.
Tinker v. Des Moines (Black armbands protesting the Vietnam War)
Required Case: The constitutional clause at the heart of NYT v. US.
Freedom of the Press
One of the more difficult aspects of assessing civil liberties is when two rights seemingly __________.
Conflict. (Or any other variation. College Board likes exploring how people value rights (ie Freedom of Speech versus Right to Bear Arms) and what impact that has on policy.
Required Case: The Supreme Court held that an extra two years of schools (from age 14-16) did not outweigh the Amish’s free exercise.
Wisconsin v. Yoder
Now defunct policy in which minority university applicants receive a form of “race-conscious” preference in cases like Bakke or Grutter v. Bollinger. The policy would survive Equal Protection (strict) scrutiny) until recently, as long as the preference was not a quota and did not outweigh other factors, such as GPA or SATs.
Affirmative Action
Phrase used to describe “legal separation” of races, usually codified by state law or local ordinance.
De Jure Segregation
Required Case: In context, NYT v. US dealt with what war?
The Vietnam War
The Bill of Rights was originally designed to prevent arbirtrary government interference with your rights, AND to keep them safe from…
Pure democracy, majoritarian concerns, etc. In other words, they should not be subject to the will of the people.
Can someone use the Free Exercise Clause to avoid compliance with a law?
Mostly, no. The Supreme Court looks very carefully at whether there is an actual religious belief and usually agrees with the state when the law serves a general public purpose. (ie the state can enforce laws against illicit drug use when dealing with public transportation employees)
Act that outlawed the “literacy test” and required all southern states to get approval before changing its voting laws. Responsible for significantly greater African American participation in voting AND likely responsible for increasing the total number of successful African American candidates.
Voting Rights Act 1965
Required Case: What part of the Constitution did the Supreme Court use to strike down state laws and local ordinances that created de jure segregation, in Brown v. Board of Ed?
Equal Protection Clause
Name three of the rights protected under the First Amendment.
Free Exercise (Religion); Anti-Establishment (Religion - Sep of Ch & State); Freedom of Speech; Freedom of the Press; Freedom of Assembly; Right to Petition
Which amendment and clause in the Constitution prohibits the federal government from passing a law that would make Christianity the official religion of the nation?
First Amendment - Anti-Establishment Clause
A type of speech that is NOT protected by the First Amendment. These are words that would likely lead to an immediate breach of the peace.
Fighting Words