Every major concept in Unit 3 — civil liberties vs. civil rights, the First Amendment, selective incorporation, rights of the accused, right to privacy, and equal protection — all in one place.
Exam weight: 13–18% of the AP Government exam
Civil Liberties vs. Civil Rights — know the difference:
Civil liberties = protections AGAINST the government (what gov't can't do to you). Free speech, due process, unreasonable searches. Rooted in the Bill of Rights.
Civil rights = protections FROM discrimination (what gov't must do to protect you equally). Equal protection, anti-discrimination laws. Rooted in the 14th Amendment's Equal Protection Clause.
Required documents: "Letter from a Birmingham Jail" (MLK Jr., 1963)
Required cases: Engel v. Vitale · Wisconsin v. Yoder · Tinker v. Des Moines · Schenck v. United States · New York Times Co. v. United States · McDonald v. Chicago · Gideon v. Wainwright · Roe v. Wade · Griswold v. Connecticut · Brown v. Board of Education · Shaw v. Reno
| Freedom | What it covers | Key limits | Required case |
|---|---|---|---|
| Religion (Est.) | Gov't can't establish or favor a religion | "Lemon test" balancing; neutrality toward religion | Engel v. Vitale (1962) |
| Religion (Free Ex.) | Gov't can't prohibit religious practice | Neutral, generally applicable laws may apply | Wisconsin v. Yoder (1972) |
| Speech | Protected: symbolic speech, political speech, protest | Clear & present danger; time/place/manner; obscenity; defamation | Tinker (1969); Schenck (1919) |
| Press | Heavy presumption against prior restraint (pre-publication censorship) | Must meet heavy burden; national security alone insufficient | NYT v. US (1971) |
| Assembly/Petition | Right to assemble peacefully and petition government | Time, place, manner restrictions; permits; public order | — |
The Bill of Rights was written to limit the federal government. The Supreme Court has selectively applied most (not all) of its provisions to state governments through the 14th Amendment's Due Process Clause — one right at a time, case by case.
| Right incorporated to states | Case |
|---|---|
| 1st Amendment (speech, press, religion, assembly) | Various 1920s–1940s cases |
| 4th Amendment (unreasonable search & seizure) | Mapp v. Ohio (1961) |
| 6th Amendment (right to counsel) | Gideon v. Wainwright (1963) |
| 5th Amendment (self-incrimination) | Miranda v. Arizona (1966) |
| 2nd Amendment (right to bear arms) | McDonald v. Chicago (2010) |
Before custodial interrogation: must inform suspect of right to remain silent, that statements can be used against them, right to attorney, and right to appointed counsel if indigent. Public safety exception allows un-Mirandized questioning when needed.
Evidence obtained through illegal searches/seizures cannot be used in court — "fruit of the poisonous tree." Based on 4th Amendment. Deters unconstitutional police conduct. Applied to states via selective incorporation.
Government-composed prayer in public schools unconstitutional even if nondenominational and voluntary.
Compulsory school attendance beyond 8th grade violated sincere Amish religious beliefs.
Anti-war armbands = protected speech. Schools can restrict speech only if it causes substantial, material disruption.
Speech causing immediate threat to safety not protected. Anti-draft leaflets during WWI = not protected.
Government failed to meet heavy burden justifying pre-publication censorship even citing national security.
Right to bear arms applies to state and local governments through 14th Amendment.
States must provide attorneys to defendants who cannot afford one in criminal cases.
Struck down ban on contraception for married couples. Privacy found in "penumbras" of several amendments.
Dobbs v. Jackson (2022) held no constitutional right to abortion; returned issue to states.
"Separate but equal" is inherently unequal. Overturned Plessy v. Ferguson (1896).
Race cannot be the predominant factor in drawing congressional district lines — Equal Protection violation.