Civil Liberties and Civil Rights

James Wright
9 min read
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Study Guide Overview
This study guide covers the foundations of American rights (natural rights, the Bill of Rights, and selective incorporation), First Amendment freedoms (speech, religion, press, and assembly with emphasis on key Supreme Court cases like Tinker, Schenck, Engel, Yoder, and NYT v. US), Second Amendment (right to bear arms, McDonald v. Chicago), due process rights (Miranda, Gideon, and the exclusionary rule), and civil rights (14th Amendment, Brown v. Board, affirmative action, and Title IX). The guide also includes practice questions and exam tips covering time management, common mistakes, and FRQ strategies.
#AP US Government: Civil Liberties & Civil Rights - The Night Before 🚀
Hey! Let's get you prepped for the exam. This guide is designed to be super clear, engaging, and most importantly, helpful for your last-minute review. We're going to make sure you're not just memorizing, but understanding the key concepts. Let's do this!
#🏛️ Foundations of American Rights
#📜 Natural Rights & The Declaration
- The Declaration of Independence establishes that all individuals have inherent natural rights. 💡
- The US was founded on the idea that government exists to protect these rights.
- The colonists declared independence due to perceived violations of these rights by Great Britain.
#⚖️ The Constitution & The Bill of Rights
- The Bill of Rights (first 10 amendments) is the cornerstone of civil liberties. It protects against government overreach.
- These amendments were originally intended to limit the power of the federal government.
#🔎 Selective Incorporation
- Selective incorporation: The process by which the Supreme Court applies the Bill of Rights to state governments through the 14th Amendment's Due Process Clause.
- This means states can't infringe on your fundamental rights either! 🤯
- It's a gradual process, done case-by-case.
The 14th Amendment's Due Process Clause is the basis for civil liberties (protections from government). The Equal Protection Clause is the basis for civil rights (protections against discrimination).
Think of Due Process as "procedure due" - ensuring fair treatment by the government. Equal Protection means everyone is treated the same under the law.
#🗣️ First Amendment Freedoms
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#🗣️ Freedom of Speech
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Guarantees the right to express your views without government interference, but it's not absolute.
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Tinker v. Des Moines (⚖️REQUIRED SCOTUS CASE⚖️):
- Students wore armbands to protest the Vietnam War. ✊
- Ruled that symbolic speech is protected in schools, as long as it doesn't cause "substantial disruption."
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Schenck v. US (⚖️REQUIRED SCOTUS CASE⚖️):
- Schenck distributed anti-draft pamphlets during WWI.
- Ruled that speech can be limited if it poses a "clear and present danger." 🔥
Think of Tinker as "Tinkering with free speech in schools" and Schenck as "Shhh! Speech can be limited in times of danger."
#⛪ Freedom of Religion
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Two parts: Establishment Clause (no government-sponsored religion) and Free Exercise Clause (right to practice your religion).
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Engel v. Vitale (⚖️REQUIRED SCOTUS CASE⚖️):
- School-sponsored prayer is uncons...

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