AP US Government Unit 3 Cheatsheet: Civil Liberties and Civil Rights

Civil liberties: Constitutionally established guarantees and freedoms protecting citizens, opinions, and property against arbitrary government interference.

Bill of Rights: First ten Amendments to the Constitution, continuously interpreted by courts.

• Protections apply to federal government (5th Amendment) and states (14th Amendment due process clause)
• Courts balance individual freedom against public order and safety

Two clauses create ongoing tension:

• Establishment Clause: Government cannot establish religion
• Free Exercise Clause: Government cannot prohibit religious practice

Selective incorporation: The First Amendment’s Free Exercise and Establishment Clauses apply to the states, though courts have upheld some neutral restrictions on religious conduct (e.g., laws prohibiting peyote use).

Courts weigh government interests (public safety, order) against individual religious freedom.

Speech protections include symbolic speech (nonverbal action communicating idea/belief).

Permissible limitations:

• Time, place, manner regulations (when, where, noise limits)
• Obscenity (as defined by the Miller test), but NOT speech that is merely offensive or unpopular (Texas v. Johnson)
• Defamation: libel (written), slander (oral)
• Clear and present danger (refined over time)

Press freedom: Heavy presumption against prior restraint, even for national security.

Key cases: West Virginia State Board of Education v. Barnette (1943), Morse v. Frederick (2007)

Supreme Court interprets right to bear arms; debate centers on whether government regulation of firearms promotes or interferes with public safety and individual rights.

Balances individual liberty against public order concerns.