Presentation Transcript

1. Civil Rights And LibertiesChapters 4 and 5

   By Spenser Daughdrill, Katie Thompson, and Emily Brunner
2. Chapter 4
3. Bill of Rights Relatively brief Consists of the first ten amendments Left up to the courts decide the exact meaning Originally only limited the national government Judicial interpretations shape civil rights and liberties.
4. Bill of Rights (con’t.) Barrow v. Baltimore- Bill of Rights doesn’t apply to states Each State had their own Bill of Rights 1868- 14th amendment- civil liberties in the Constitution applied to the states Gitlow v. New York- freedom of speech applied to states Incorporation Theory- most protection of the bill of rights applies mostly to the states
5. Freedom of Religion Separation of Church and State Free exercise Establishment Clause Jefferson Colonies Founded on search for religious freedoms Lemon v. Kurtzman- 1971- State freedom aid can not subsidize religious institutions Three part lemon test- ruled unconstitutional National anthem debate Aguilar v. Felton- disadvantaged students
6. Agostini v. Felton- changed their mind and said Aguliar v. Felton was no longer good law School vouchers- Cleveland case that stated school vouchers can be used from taxpayer money to fund religious schools cause its not a violation because they can use the voucher to attend a variety of schools School prayer Engel v. Vitale- ban on prayer in public schools Abington school district v. Schempp- supreme court outlawed officially sponsored daily readings of bible in public school.
7. Moments of silence- way around no prayer. Wallace v. Jaffree- denied them a one minute moment of silence in alabama Lee v. Weisman- unconstitutional to invite rabbi to deliver non-secretarian prayer at grad. 10 commandments- unconstitutional to post on government grounds Stone v. graham- Kentucky law requiring posting of amendment in schools unconstitutional
8. Evolution- Epperson v. Arkansas- Arkansas cant prohibit the teaching of evolution Edward v. Agulliard- supreme court said LA law was unconstitutional to require the teaching the teaching of biblical stories as well as evolution, cause it promoted a particular religion Free exercise clause- guaranteeing free exercise of religion
9. Religious speech- Rosenberger v. university of Virginia- refused to fund a Christian newsletter, but granted funds to more than 100 other org. court ruled unconstitutional because it discriminated against religious speech. Freedom of expression Prior restrain- restraining before it happens, unconstitutional NYT .v US- the times were about to publish pentagon papers, secret on Vietnam war, they had been obtained illegally by pentagon worker, gov’t wanted them to not be able to be published, but court ruled in favor of the NYT to let the public know the truth
10. Protection of Symbolic Speech Tinker v. Des Moines School District- Landmark case. Stated that the wearing of black armbands in protest of the Vietnam War was protected by the freedom of Speech. Texas v. Johnson- Supreme Court ruled that state laws prohibiting the burning of the American Flag in peaceful protest also violated the freedom of expression protected by the First Amendment.
11. Protection of Commercial Speech Freedom of speech in newspapers is protected in the constitution. Nike v. Kasky- any statement by a corporation constituted commercial speech.
12. Permitted Restrictions of Expression Clear and Present Danger Modifications to the Clear and Present Danger Rule Last modified in 1969.
13. Unprotected Speech Protecting Children Definitional Problems Pornography on the Internet Should “Virtual” Pornography be deemed as a crime?
14. Unprotected Speech: Slander Defamation of character Slander Libel
15. Campus Speech Student Activity Fees Campus Speech and Behavior Codes
16. Freedom of the Press Defamation in Writing Libel Actual Malice Public figures A free Press v. a Fair Trial: Gag Orders Gag orders Films, Radio, and TV
17. The Right to Assemble and to Petition the Government Street Gangs Online Assembly
18. More Liberties under Scrutiny: Matters of Privacy Privacy Rights in the Information Age Privacy Rights and Abortion Controversy Continues Privacy Rights and the “Right to Die” What if there is no living will? Physician Assisted Suicide Privacy Rights versus Security Issues
19. The Great Balancing Act Rights of the Accused Limits on the Conduct of Police Officers and Prosecutors Defendant’s Pretrial Rights Trial Rights Extending the Rights of the Accused Miranda v. Arizona Exceptions to the Miranda Rule Video Recording of Interrogations The Exclusionary Frule
20. The Death Penalty Cruel and Unusual Punishment 8th Amendment Furman v. GA- Death Penalty was random and arbitrary 1972- violated 8th and 14th amendments Court made states make more precise laws Death Penalty Today Time Limits for Death Row Appeals
21. Chapter 5
22. African Americans & Slavery in the U.S. Dred Scott Case- Supreme Court ruled that slaves were not citizens. 13th Amendment- ended slavery in the U.S. 14th Amendment- made former slaves citizens 15th Amendment- gave African males the right to vote Civil Rights Act of 1866- gave African Americans full equality before the law
23. African Americans and Slavery in the U.S. (con’t.) Civil Rights Act of 1872- Federal Crime to use law or custom to deprive people of rights Civil Rights Act of 1975- everyone is entitled to full and equal use of public facilities Plessey v. Ferguson- established “separate but equal” doctrine Southern States crated tactics to deny African Americans the right to vote Grandfather clause Poll tax Literacy test Brown v. BOE- established that segregation of races in public schools violates 14th Amendment
24. Civil Rights MLK formed Southern Christian Leadership Conference MLK believed in nonviolent protests Protests Boycotts Sit-ins Malcolm X believed the African Americans should “fight back” Civil Rights Act of 1964- Outlawed discrimination in voting Established right to equality in employment Expanded power of civil rights MLK and Malcolm X were both shot and killed
25. Women in Civil Rights Susan B Anthony and Elizabeth Stanton formed the National Women Suffrage Association in 1869 19th Amendment- gave women the right to vote.
26. Gender-Based Discrimination in the Workplace Title VII of the Civil Rights Act of 1964 Sexual Harassment Wage Discrimination The Equal Pay Act of 1963 The Glass Ceiling Civil Rights: Extending Equal Protection
27. Affirmative Action The Bakke Case Further Limits on Affirmative Action Hopwood v. State of Texas Adarand Constructors Inc. v. Pena State Ballot Initiatives
28. Special Protection for Older Americans Age Discrimination in Employment The Age Discrimination in Employment Act of 1967 Kimel v. Florida Board of Regents Mandatory retirement
29. Securing Rights for Persons with Disabilities Americans with Disabilities Act of 1990 Limiting the Scope of and Applicability of the ADA Sutton v. United Airlines Inc.
30. The Rights and Status of Gay Males and Lesbians Stonewall Inn in New York City- riots June 27 and 28, 1967 Growth in the Gay Male and Lesbian Rights Movement Boy Scouts of America v. Dale State and Local Laws Targeting Gay Men and Lesbians Bowers v. Hardwick Lawrence v. Texas Romer v. Evans The Gay Community and Politics
31. The Rights and Status of Gay Males and Lesbians (con’t.) Gay Men and Lesbians in the Military McVeigh v. Cohen Same-Sex Marriages Baehr v. Lewin Baker v. Vermont Child Custody and Adoption
32. The Rights and Status of Juveniles Voting Rights and the Young The Rights of Children in Civil and Criminal Proceedings Civil Law Criminal Law Civil Rights of Juveniles Majority Necessaries Criminal Rights of Juveniles Common Law Civil Rights: Why are they Important Today?