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Supreme Court Civil Rights: African-Americans The Accused Women Native Americans. The Warren Court (1953-1969). Brown v. the Board of Education of Topeka, KS. Found segregation of public schools to be unconstitutional. Defender (Chicago) June 12, 1954. The Arkansas Democrat
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Supreme Court Civil Rights:African-AmericansThe AccusedWomen Native Americans
Brown v. the Board of Education of Topeka, KS • Found segregation of public schools to be unconstitutional
The Arkansas Democrat May 22, 1954 “No job for a race horse” “Forced Progress” “Gradualism”
Chronicle (San Francisco)May 18, 1954
Yates v. US (1957) • The First Amendment protected radical and revolutionary speech, even by Communists • unless it was a “clear and present danger” to the safety of the country
Mapp v. Ohio (1961) • Exclusionary rule: Illegally seized evidence cannot be used in court against the accused
Baker v. Carr (1962) • Gerrymandering shown to favor rural areas and disadvantage large cities • “one man, one vote” – election districts to be drawn to provide equal representation 1965 flag from the voting-rights march (Selma to Montgomery, AL) led to the passage of the Voting Rights Act of 1965.
Engel v. Vitale (1962) State laws requiring prayers and Bible readings in public schools • violated the First Amendment’s separation of church & state Engel Vitale Nobolis
Murray v. Curlett (1963) • ended daily prayer in US public schools. • Madalyn Murray O'Hair later founded the American Atheists • 1964: Life magazine referred to her as "the most hated woman in America." Mysteriously disappeared 1995 – found murdered
Gideon v. Wainwright (1963) • Sixth Amendment requires states provide council (the services of an attorney) for indigent (poor) criminal defendants
Escobedo v. Illinois (1964) • Police must honor a person’s request for a lawyer to be present during interrogation
Griswold v. Connecticut (1965) • A state could not prohibit the use of contraceptives by adults because of a citizen’s “right to privacy” • The adult right to privacy was later expanded in Roe v. Wade
Miranda v. Arizona (1966) • Inform: right to remain silent, whatever said could be used against you, right to an attorney even if can’t afford one 1 phone call to obtain a lawyer
The Freedom of Information Act (FOIA) (1966) • establishes the public's right to obtain information from federal government agencies. • "Any person", including U.S. citizens, foreign nationals, organizations, associations, and universities can request information • In 1974, after the Watergate scandal, the Act was amended to force greater agency compliance. • It was also amended in 1996 to allow for greater access to electronic information.
The Burger Court (1969 –1986) • Warren E. Burger • Appointed by Nixon
Swann v. Charlotte-Mecklenburg Board of Education (1971) • unanimous ruling supporting busing to reduce de facto racial segregation in schools.
de jure happens “by law” –through segregation laws • de facto happens “by fact” rather than by law • Ex: a primarily Af-Ams neighborhoods produces predominantly black neighborhood schools
“Affirmative Action” • 1961: term first introduced by JFK • Active policies to ensure equal opportunity for blacks, women, and other minorities in education and jobs. • Enforced by President Johnson. "We seek… not just equality as a right and a theory, but equality as a fact and as a result."
1964 - Boston • Had an “open enrollment” policy that permits any child to transfer to any school where there is rooom • 25 Boston schools had enrollments less than 20% white • A new state law required schools to correct racial imbalance or forfeit state funds • The US Commissioner of Education was investigating if Boston’s schools could continue to quality for 2M in federal aid • “yellow slips” • http://www.time.com/time/magazine/article/0,9171,834372,00.html
"I believe that little children should go to schools in their own neighbor hoods with the children with whom they play — it's as simple as that." • Yellow slips! Yellow slips!" she yelled, referring to certificates that are required for school transfers. "Without those yellow slips your children will be turned away!" In response, the Negroes shot back boos and catcalls. As it happened, a few dozen Negro kids were turned back until they could pick up their slips, but by last week about 300 had been successfully transferred. • "I defy any of the civil rights leaders to prove that any of our neighborhood schools are inferior." When Negroes protest that this is the old "separate but equal" argument, she retorts: "Stop banging on our door—the real problem is housing." She feels misunderstood. "In every one of the major cities the civil rights leaders have found a scapegoat. If it has to be me, so be it. My conscience is clear."Mrs. Louise Day Hicks 46 chairman of the five-man Boston School Committee, which sets policy for Boston's public schools.
Integration: South vs. North • Southern: de jure segregation • Chief Justice Earl Warren had stated “Segregation in Boston was eliminated in 1855” (Brown, 1954) • Northern: de facto segregation • schools were just as segregated because of segregated housing patterns – South Boston and Charlestown were primarily white areas
Boston: Morgan v. Hennigan (1972) • 1974: MA Federal Court, Judge Garrity ruled the Boston School committee “intentionally brought about and maintained racial segregation”; it had resisted desegregation; it alone had the power to decide who when to any given school
1974 – Garrity ordered immediate action be taken to integrate Boston schools in the 1974-1975 school year • Thousands of white students would be bused to black communities, black students would be bused to white schools, • 1972-1974: protests and demonstrations revealed white resistance and racial tension in Boston…
Phase 1: Black students from Roxbury, “the heart of Boston’s black ghetto” would be bused to South Boston (Italian)
Most schools quietly complied with busing • South Boston: buses carrying black children were greeted by an angry mob that threw rocks through the windows – 9 black students were injured • Black parents organized efforts to escort their children to school safely
Incidents of white-black violence in South Boston and black-white violence in Roxbury • Taunting/fights in schools • 12/11/74: a black student at South Boston HS stabbed a white classmate
1975: busing was revised, but violence against Boston’s black community continued, particularly in Charlestown and South Boston • Many white families boycotted the schools • Boston's busing plan continued indefinitely. Eventually, the violence subsided as some white families complied, while others enrolled their children in private schools or moved out of the city altogether into predominantly white suburbs.
1975-6 • Phase II: busing of blacks and Latinos into Charlestown (Irish) and “Townie” children into Roxbury • Faced similar opposition • Italian students from East Boston had also encountered hostilities when they had chosen to attend Charlestown High before Garrity’s busing
de facto segregation • happens “by fact” rather than by law • Ex: a concentration of Af-Ams in certain neighborhoods produces neighborhood schools that are predominantly black • It still can be found throughout the country • (di JOOR-ee, day YOOR-ay) happens “by law” • In the South, racial segregation was de jure • In the North, it was de facto. de jure segregation
Americans with Disabilities Act (1990) • Expands the Civil Rights Act of 1964, which prohibited discrimination based upon race, religion, gender, or national origin • Disability is defined as "a physical or mental impairment that substantially limits a major life activity." • Employment, public services, public accommodations, telecommunications
United States v. U.S. District Court (1972) • a warrant must be obtained before beginning electronic surveillance • even if domestic security issues were involved. Warrentless wiretapping is currently a major issue of debate regarding the War on Terror
Furman v. Georgia (1972) • in a 5-4 decision, invalidated all death penalty laws • “cruel & unusual • Racial & economic imbalance • Insufficient due process safeguards
Wisconsin v. Yoder (1972) • Amish families could home school their children after elementary school • because the Amish believed that a public school education posed a threat to their religion
Roe v. Wade (1973) • Burger voted with the majority to recognize a broad right to privacy that prohibited states from banning abortions before the point of viability.
The War Powers Resolution (1973) • In response to Vietnam & Korea • the President can send troops into action abroad only by authorization of Congress • or if America is already under attack or serious threat. • The War Powers Act requires that the president notify Congress within 48 hours of committing troops to military action • and forbids troops from remaining for more than 60 days without a declaration of war. • How might this apply today?
United States v. Nixon (1974) • unanimous 8-0 decision • Against Nixon's attempt to keep several memos and tapes relating to the Watergate scandal private. The ongoing scandal caused Nixon to resign in order to avoid impeachment.
Nixon Resigns (1974) • August 8, 1974 • “I have never been a quitter.” • http://www.americanrhetoric.com/speeches/richardnixonresignationspeech.html
Gregg v. Georgia (1976) • the Court majority reinstated the death penalty • Meets contemporary standards of decency • Proportional to crime • No unnecessary infliction of pain • Is a deterrent
Regents of the University of California v. Bakke (1978) • Quotas = reverse discrimination • race could be only one of the factors considered in choosing a diverse student body in university admissions decisions. • UofCA Davis medical school’s 16% minority quota had discriminated against Allan Bakke • rejected Bakke 2 years in a row while accepting less qualified minority applicants • HOWEVER, the Court upheld the legality of affirmative action overall
Foreign Intelligence Surveillance Act (1978) • prescribed procedures for physical and electronic surveillance and collection of "foreign intelligence information" • between "foreign powers" and "agents of foreign powers" (which may include American citizens) • created a court which meets in secret, and approves or denies requests for search warrants.
FISA under Bush • Only the number of warrants applied for, issued and denied, is reported. • In 1980 (the first full year) it approved 322 warrants. • In 2006 it approved 2224 warrants. • 1979-2006 a total of 22,990 applications for warrants were made to the Court, and only 5 were definitively rejected
Bowers v. Hardwick (1986) • upheld Georgia law criminalizing sodomy • laws criminalizing homosexuality were ancient?: • [sodomy is a] "crime against nature...of deeper malignity than rape -- Burger citing Blackstone