Civil Liberties and Civil Rights

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Civil Liberties and Civil Rights

• Government

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Civil Liberties

• Protections, or safeguards, that
• citizens enjoy against the abusive
• power of the government

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Bill of Rights

• First 10 amendments to Constitution
• Applies only to the federal government

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Selective Incorporation

• Process of making the Bill of Rights work at the
  state level
• The Supreme Court has applied the Bill of Rights
  to the states using court cases before the court

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Bill of Rights
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1st Amendment

• Guarantees 5 freedoms
• Speech
• Press
• Religion
• Petition
• Assembly

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1st Types of Speech

• Pure Speech
• Speech only
• Speech-Plus
• Words Actions
• Symbolic speech
• Representations of ideas without words
• Sit ins, armbands, flag burning, etc.
• Unconstitutional when the mode of expression (not
  the ideas) are considered harmful.

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1st Speech Press

• Unprotected speech includes
• Obscenity
• Defamatory speech
• Pornography
• Fighting words (incite violence)
• Seditious speech (treason)

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1st Speech

• Defamation not protected by the 1st- saying or
  printing things that could hurt a persons
  reputation
• Libel
• Written statement that defames the character of
  another person
• Slander
• Oral (spoken) statement that defames the
  character of another person

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1st Exceptions to Freedom on Speech Press

• Clear and Present Danger Test
• Prohibited speech only when it would result in
  imminent harmful consequences
• Prior Restraint
• censorship before publication (gag orders)
• Shield Laws
• None at federal level, up to states
• Would protect reporters from revealing their
  source

• SELECTIVE INCORPORATION
• Schenck v. U.S.
• encouraged people to avoid the draft and handed
  out anti-war leafletssince in war, posed a
  threat to safety and therefore not allowed)
• Hazelwood v. Kuhlmeier
• principal stopped a story before printed in the
  school newspaper

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1st Assembly Petition

• Must be lawful and nonviolent
• It is usually the onlookers, not the protestors
  that cause the problems
• The state can protect from assembly on private
  property
• Extremist groups can't be punished if their words
  are not expressly linked to action

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1st Religion

• Engel v. Vitale
• No school prayer
• Wallace v. Jafree
• No moment of silence for prayer
• Lemon v. Kurtzman
• Rules for using tax money on private (religious)
  schools

• Establishment
• Clause
• Forbids Congress from establishing a national
  religion

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1st Religion

• Free Exercise Clause
• Guarantees the right to practice a religion of
  their choice
• Conscientious Objector
• Person who refuses to perform military service
  because of opposition to war based on religious
  beliefs

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Rights of the Accused
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Rights of the AccusedUnconstitutional

• Bill of Attainder
• Declares a person guilty w/o a trial
• Ex post facto law
• Makes an act criminal when it was committed
  legally (illegal after the fact)
• Suspension of writ of habeas corpus
• Arresting and imprisoning w/o cause

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4th Amendment Prohibits Unreasonable Search
Seizure
SELECTIVE INCORPORATION Mapp v. Ohio Arrested
Mapp for having obscene materials in home but
warrant was looking for another suspect and his
bombmaking materials. Miranda v.
Arizona suspect testified without lawyer, claimed
he did not know he had the right to remain silent.

• Warrant required
• Must have probable cause
• Must describe place person/things to be seized
• Miranda Rights
• Must read a suspect their rights
• Exclusionary Rule
• Evidence illegally obtained can be excluded in
  court proceedings.

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5th Amendment Rights when Accused

• Right to a grand jury
• Indictment guarantees enough evidence to go to
  trial
• Double jeopardy
• Cant be tried for the same offense of law twice
• Self incrimination
• Cant be forced to serve as witness against self
• Miranda Rights
• Miranda v. Arizona
• Due process
• Fair Procedures for all
• Eminent domain
• Private property cant be taken w/o just cause

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6th Amendment Rights when On Trial

• Right to a speedy and public trial
• Right to a petit jury trial
• Right to be informed of charges
• Right to confront witnesses
• Right to counsel
• Gideon v. Wainwright (Florida man denied lawyer
  because he couldnt afford one and the charges
  were state chargeschallenged from jail and won)

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7th 8th Amendments

• 7th
• Jury Trial in
• Civil Cases
• Right to a trial jury for cases involving more
  than 20

• 8th
• Bail, Punishment
• No excessive bail, no cruel unusual punishment

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9th AmendmentRight to Privacy

• Provides the basis for civil liberties not
  specifically mentioned in the Constitution

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9th AmendmentAbortion as a Privacy Issue

• Roe v. Wade
• In the first three months of pregnancy, abortion
  is a private decision to be unregulated by the
  states
• In the second trimester the state could regulate
  to protect the health of the woman
• In the third trimester, the state can ban
  abortions completely
• Challenges
• Proposals to add human life amendment have failed
• Restrictions on federal funding
• State restrictions including parental consent,
  spousal consent, waiting periods

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Fourteenth Amendment

• Due Process Clause
• No state can deprive a person of life, liberty
  or property without due process of law

• Substantive substance of the law guarantees due
  process
• Procedural actions of those involved guarantee
  due process (police, lawyers, judges)

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Civil Rights

• Obligations that government has to
• protect citizens from discrimination
• and to guarantee equal citizenship

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Racial Discrimination

• Dred Scott v. Sanford
• Set the precedent that slaves were property
• The Civil War Amendments
• 13th Freed Slaves
• 14th granted citizenship to all natural born
  Americans (former slaves included)
• 15th Right to vote

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Fourteenth Amendment

• Equal Protection Clause
• No state may deny any person equal protection of
  the law

• Discrimination
• Categories
• Race
• Gender
• Age
• Disability
• Sexual Orientation

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SegregationSeparation of People

• De Jure
• By law
• De Facto
• By differences
• Income, housing patterns, educational
  opportunities, socioeconomic status

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Racial Discrimination
Jim Crow Laws State and local laws enacted in
the South that required the separation of
African-Americans and whites in public facilities
and placed legal restrictions on blacks to
prevent them from voting. Examples Grandfather
clause Poll taxes Literacy Tests White
Primaries Separate schools, hotels, buses,
trains
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Racial Discrimination

• Segregation Cases
• Plessy v. Ferguson
• allowed segregation through the separate but
  equal doctrine
• Tried to fight segregation on train cars.
  Supreme Court said if facilities were equal, it
  was acceptable to separate by race.
• Brown v. Board of Education of Topeka
• overturned Plessy integration of public schools
  with all deliberate speed

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Civil Rights Movement

• Led by Martin Luther King, NAACP Thurgood
  Marshall
• Introduced Civil Disobedience
• Breaking the law to get it changed
• Rosa Parks at the front of the bus
• Sit ins at White Lunch Counters

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Civil Rights Act of 1964

• Stopped public segregation, job discrimination
• Extended to all racial, religious, gender and
  ethnic minorities
• Now applied to disabled, elderly, homosexuals

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Civil Rights Act of 1965

• Ensured minority right to vote
• Worked to end poll taxes, literacy tests,
  grandfather clauses, etc

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Affirmative Action

• Aimed at increasing representation of women and
  minorities
• Used in college admission and job hiring
• Ranges from recruiting efforts to the use of
  quotas
• Reverse Discrimination
• Discrimination against a MAJORITY group
• Regents of the University of California v. Bakke

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Womens Suffrage Movement

• Led by Susan B. Anthony organized Womens
  Rights Convention in 1848
• 19th Amendment Right to vote - 1920
• Comparable Worth equal pay for equal work -
  1963
• Equal Rights Amendment guarantee for equality
  (states said already in 14th)
• Equality of rights under the law shall not be
  denied or abridged by the United States or by any
  state on account of sex.

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Discrimination based on sexual orientation

• Job discrimination
• 13,000 discharged from military 1982 1991
• Domestic partnership rights
• Thirty-nine states prohibit marriage under DOMA.
• 1996 Congress passes Defense of Marriage Act
• bars federal recognition of same-sex marriages
  and allows states to ignore gay marriages
  performed elsewhere.
• Only Massachusetts recognizes gay marriages
• San Francisco has domestic partner ordinance
• Job benefits for gay partners (for example,
  health insurance)
• Court recognition of common law marriages at issue

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Disability Discrimination

• 37 million (blind, deaf, physically mentally
  disabled
• Rehabilitation Act of 1973
• mandates equal access to all federally financed
  programs
• Education for All Handicapped Children Act of
  1975
• free public education despite severity of
  handicap
• Americans with Disabilities Act of 1990
• bans employment discrimination in businesses with
  more than 15 employees
• protects recovering drug abusers, alcoholics and
  people with AIDS
• mandates handicap access to public transportation
  and retail establishments
• requires phone companies to offer equipment for
  the hearing or speech impaired