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Unit VI B : Civil Liberties and Civil Rights. Chapters 15 & 16. Key Terms to Know: Bill of Rights Civil liberties Clear-and-present danger doctrine Commercial speech Due-process clause Establishment clause Exclusionary rule Free-exercise clause Gitlow v. New York Incorporation doctrine.

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chpt 15 civil liberties
Key Terms to Know:

Bill of Rights

Civil liberties

Clear-and-present danger doctrine

Commercial speech

Due-process clause

Establishment clause

Exclusionary rule

Free-exercise clause

Gitlow v. New York

Incorporation doctrine

Libel

Mapp v. Ohio

Miranda v. Arizona

Patriot Act

Obscenity

Prior restraint

Probable cause

Search warrant

Slander

Symbolic speech

Chpt. 15 Civil Liberties
essential questions to answer
Essential Questions to Answer:
  • How does politics and culture affect civil liberties?
  • How important is the first amendment?
  • What is speech?
  • Who is a person?
  • Is there separation between church and state?
  • What is due-process?
civil liberties versus civil rights
Civil Liberties versus Civil Rights
  • civil liberties involve restraining the government’s action against individuals
  • civil rights are rights all individuals share as provided for in the 14th amendment, which guarantees equal protection under the law
civil liberties
Civil Liberties
  • First Amendment of Bill of Rights
    • religion, speech, press, assembly, petition
  • Fourteenth Amendment
    • due process clause
    • incorporation—applying the Bill of Rights to the states
    • incorporation began in 1897
    • most significant parts of Bill of Rights have been incorporated
the constitutional basis for our civil liberties
The Constitutional Basis for Our Civil Liberties
  • Safeguards in the Original Constitution
    • Guarantee of Habeas Corpus
    • No bill of attainder
    • No ex post facto law
  • The Bill of Rights
    • Function is to protect the rights of minority groups against the will of the majority.
  • The Incorporation Issue
equality concepts
Equality Concepts
  • Legal equality: law is the same for everyone
  • Equality of opportunity: everyone has same chance to use abilities, work hard, and succeed
  • Equality of conditions: guarantee of certain level of material conditions; most controversial
religion establishment
Religion: Establishment
  • Government is prohibited from officially establishing a religion
  • Questions regard the endorsing religion
  • 1962: no time for voluntary prayer in public school
  • 1963: no Lord’s Prayer in public school
  • 2000: no official prayer before high school football games
freedom of religion
separation of church and state

comes from the 1st Amendment

establishment clause

contemporary conflicts:

state aid to church-related schools

school voucher programs

prayer in schools

posting the Ten Commandments

teaching evolution

religious speech

free exercise

Freedom of Religion
freedom of religion1
Freedom of Religion
  • The Establishment Clause
    • Prayer in the Schools- Engel v. Vitale (1962)
    • Evolution versus Creationism- Epperson v. Arkansas
    • Aid to Parochial Schools- Lemon v. Kurtzman (1971)
  • The Free Exercise Clause
    • Belief and Practice are Distinct- Reynolds v. U.S.
    • Religious Practices and the Workplace- Title VII of the Civil Rights Act of 1964.
freedom of expression
Freedom of Expression
  • permitted restrictions
    • speech that presents a “clear and present danger”
    • speech that might lead to some “evil” (the bad tendency rule)
  • no prior restraint
  • protected speech
    • commercial speech
    • symbolic speech
freedom of expression1
Freedom of Expression
  • unprotected speech
    • obscenity
      • child pornography
      • pornography on the Internet
    • slander
    • fighting words and heckler’s veto
  • campus speech
freedom of expression2
Freedom of Expression
  • Early Restrictions on Expression
    • Seditious speech - Dennis v. United States
  • Limited Protection for Commercial Speech
  • Limited protection provided by the First Amendment.
  • Unprotected Speech
    • Libel and Slander
    • “Fighting Words”
    • Obscenity - Miller v. California (1973)
    • 1998 Child Online Protection Act
    • 2000 Children’s Internet Protection Act
  • Go to: http://www.aclu.org
unprotected expression
Unprotected Expression
  • “Fighting” words
  • Profanity
  • Obscenity
    • “prurient interest in sex”
    • no “literary, artistic, political, or scientific value”
  • Libel and slander
    • must be actual malice against public officials and figures
freedom of the press
Freedom of the Press
  • press has some protection from libel charges
    • libel must be accompanied by actual malice
  • the press is now protected from gag orders during trials, except in unusual circumstances
  • radio and t.v. have much more limited 1st Amendment protections
    • they are subject to the equal time rule
    • they are subject to the personal attack rule
freedom of the press1
Freedom of the Press
  • Clear and Present Danger
  • Schenck v. United States
  • Bad-tendency Act
  • Gitlow v. New York
  • The Preferred-Position Doctrine
  • Prior Restraint
  • Censorship: The Court argued that the government cannot curb ideas before they are expressed.
  • Freedom of Assembly
the right to assemble and petition the government
The Right to Assemble and Petition the Government
  • protected by the 1st Amendment
  • can be limited by municipalities’ right to offer permits for marches
  • has been tested by anti-loitering ordinances aimed at reducing gangs from congregating
  • online security
privacy rights and abortion
Privacy Rights and Abortion
  • no explicit right to privacy in Constitution
  • Griswold v. Connecticut (1965) -- Supreme Court rules that privacy rights exist
    • comes from the 1st, 3rd, 4th, 5th and 9th Amendments
  • Roe v. Wade (1973) court rules that privacy rights include abortion rights
  • the Court has taken on a more restrictive view of the rights outlined in Roe
the right to privacy
The Right to Privacy
  • Implied by the First, Third, Fourth, Fifth, and Ninth Amendments.
  • The Abortion Controversy
    • Roe v. Wade (1973) - woman’s right to terminate her pregnancy.
    • Do We Have the “Right to Die”?
    • Washington v. Glucksberg (1997)
    • Privacy Rights in an Infotech Age
      • Go to: http://www.cdt.org
      • Go to: http://www.epic.org/privacy
other privacy rights
Other Privacy Rights
  • right to die
  • “living wills”
  • physician-assisted suicide
  • security issues after 9/11/01
rights of the accused
Rights of the Accused
  • no unreasonable search and seizure
    • exclusionary rule
  • probable cause for arrest
  • no coerced confessions
  • no illegal interrogation
  • no entrapment
  • informed of rights, including silence
    • Miranda warnings
rights of the accused cont
Rights of the Accused, (cont.)
  • writ of habeus corpus
  • prompt arraignment
  • legal counsel
      • Gideon V. Wainwright, 1963
  • reasonable bail
  • informed of charges
rights of the accused cont1
Rights of the Accused, (cont.)
  • speedy, public trial before a jury
  • impartial jury representative of community
  • no compulsory self-incrimination
  • adequate counsel
  • no cruel or unusual punishment
  • right to appeal convictions
  • no double jeopardy
the rights of the accused recap
The Rights of the Accused Recap:
  • The Rights of Criminal Defendants
    • Fourth Amendment right against unreasonable search and seizure.
    • Fifth Amendment right against double jeopardy.
  • The Exclusionary Rule
    • Mapp v. Ohio (1961)- illegally obtained evidence is not admissible.
  • The Miranda Warnings
    • Fifth Amendment right against self-incrimination.
  • The Right to Counsel
    • Gideon v. Wainwright (1963)- If accused of a felony, an attorney must be made available at the government’s expense.
  • No Cruel and Unusual Punishment Clause
    • Eighth Amendment also prohibits excessive bail and fines.
  • Go to: http://supremecourtus.gov
the politics of homeland security
The Politics of Homeland Security
  • Should We Carry National Identification Cards?
americans at odds over civil liberties
Americans at Odds over Civil Liberties
  • Should Hate Speech on Campus Be Banned?
  • Is America One Nation “under God”?
  • Should Americans Be More Concerned about the Erosion of Privacy Rights?
  • Go to: http://www.vote-smart.org/issues
discussion
Discussion
  • Why is the Fourteenth Amendment so important to civil liberties?
  • Should prayer be encouraged in public schools?
  • Should religious accounts of the creation of life be given equal time with evolution?
  • What are some important freedom-of-speech issues on campus?
  • Have the courts done too much to protect the rights of the accused, or not enough?
slide43
Bill of Rights

Civil liberties

Clear-and-present danger doctrine

Commercial speech

Due-process clause

Establishment clause

Exclusionary rule

Free-exercise clause

Gitlow v. New York

Incorporation doctrine

Libel

Mapp v. Ohio

Miranda v. Arizona

Patriot Act

Obscenity

Prior restraint

Probable cause

Search warrant

Slander

Symbolic speech

Review Key Terms: Generate a court case (fictional) that addresses ALL of the key terms below. Good Luck!
essential questions we should have answered by now
Essential Questions we Should Have Answered by Now:
  • How does politics and culture affect civil liberties?
  • How important is the first amendment?
  • What is speech?
  • Who is a person?
  • Is there separation between church and state?
  • What is due-process?

Lets Tackle These:

  • Should it be all right for religious symbols to be displayed on government property?
  • If a person confesses to a crime, is there any reason why the confession should not be used in court?
  • How much can the government do to fight terrorism?
chpt 16 civil rights
Key Terms to Know:

Affirmative action

Brown v. BOE

Civil rights

Civil Rights Act 1964

Civil rights movement

De facto segregation

De jure segregation

14th Amendment

Freedom rights

MLK, Jr.

Montgomery bus boycott

NAACP

Nonviolent civil disobedience

Plessy v. Ferguson

Reasonableness standard

Roe v. Wade

Rosa Parks

Separate-but-equal doctrine

Sit-ins

Strict scrutiny standard

Swann v. Charlotte-Mecklenburg BOE

Voting Rights Act 1965

Chpt. 16 Civil Rights
essential questions to answer1
Essential Questions to Answer:
  • What was the “Black Predicament”?
  • How do the courts influence civil rights?
  • How does Congress influence civil rights?
  • What is the stance for women and equal rights?
  • What is affirmative action?
civil rights history
Civil Rights History
  • Constitution originally supported slavery
  • 1857 Dred Scott
  • 13th and 14th amendments
  • Jim Crow laws
  • 1896: separate but equal doctrine
civil rights history cont
Civil Rights History (cont.)
  • Segregation common in 20th century
  • 1910: NAACP forms
  • 1954: Brown v. Board of Education
  • Civil rights movement
  • Civil Rights Act of 1964
  • Voting Rights Act of 1965
  • Equal Rights Amendment not ratified
civil rights
Civil Rights
  • all rights rooted in the Fourteenth Amendments’ guarantee of equal protection under the law
  • what the government must do to ensure equal protection
  • what the government must do to ensure freedom from discrimination
key points of the civil rights acts of 1865 to 1875
Key Points of the Civil Rights Acts of 1865 to 1875
  • The First Civil Rights Act (1866)
    • extended citizenship to anyone born in the United States
    • gave African Americans full equality before the law
    • authorized the president to enforce the act through use of force
key points of the civil rights acts of 1865 to 1875 cont
Key Points of the Civil Rights Acts of 1865 to 1875, (cont.)
  • The Enforcement Act of 1870
    • set out specific penalties for interfering with the right to vote
  • The Anti-Ku Klux Klan Act (1872)
    • made it a federal crime to deprive an individual of his or her rights
key points of the civil rights acts of 1865 to 1875 cont1
Key Points of the Civil Rights Acts of 1865 to 1875, (cont.)
  • The Second Civil Rights Act (1875)
    • everyone is entitled to equal enjoyment of public accommodation and places of public amusement
    • imposed penalties for violators
the civil rights act were nullified through
The Civil Rights Act were nullified through…
  • The Civil Rights Cases (1883)
    • the Supreme Court rules that the 14th amendment only prevents official discriminatory acts by states, not by private individuals
  • Plessy v. Ferguson (1896)
    • stated that segregation did not violate the 14th amendment
    • established the separate-but-equal doctrine
    • provided constitutional justification for racial segregation, especially in the South
barriers to voting by african americans
Barriers to Voting by African Americans
  • the white primary – a state primary election in which only whites may vote
    • allowed because Southern politicians claimed political parties were private entities
    • was outlawed by the Supreme Court in 1944 (Smith v. Allwright)
  • grandfather clause – restricting voting to individuals who could prove that their grandfathers had voter prior to 1867
    • was used to exempt whites from poll taxes
    • was used to exempt whites from literacy tests
barriers to voting by african americans cont
Barriers to voting by African Americans (cont.)
  • poll taxes – required the payment of a fee to vote
    • intended to disenfranchise poor African Americans
    • was outlawed in national elections by the 24th amendment
    • was outlawed in all elections by the Supreme Court in 1966
  • literacy tests -- required potential voters to read, recite or interpret complicated texts
    • intended to disenfranchise African Americans
ending legal segregation
Ending Legal Segregation
  • Brown v. Board of Education of Topeka (1954) – Supreme Court rules public school segregation violates the 14th amendment
    • overturns Plessy v. Ferguson
  • Brown v. Board of Education (1955) – orders desegregation “with all deliberate speed”
  • court–ordered busing: transporting African American children to white schools and white children to African American schools to end de facto segregation
  • Court-ordered busing – transporting African American children to white schools and white children to African American schools
modern civil rights legislation
Modern Civil Rights Legislation
  • Civil Rights Act of 1964
    • forbade discrimination on the basis of race, color, religion, gender and national origin in
      • voter registration
      • public accommodations
      • public schools
    • expanded the power of the Civil Rights Commission
    • withheld funds from programs administered in a discriminatory way
    • established the right to equality of opportunity in employment (created the EEOC)
the civil rights movement
The Civil Rights Movement
  • Rosa Parks Montgomery, Alabama 1955
  • Martin Luther King, Jr. leads boycott
  • King’s philosophy of nonviolence
  • Civil rights activists emulate King’s use of Mahatma Ghandi’s tactics of civil disobedience
  • Birmingham protest, 1963
  • March on Washington, 1963
    • “I Have a Dream” speech
  • Black Power movement
    • Malcolm X
modern civil rights legislation cont
Modern Civil Rights Legislation, (cont.)
  • Civil Rights Act of 1968
    • forbade discrimination in housing
  • Voting Rights Act of 1965
    • outlawed discriminatory voter registration tests
    • authorized federal registration and administration of voting where discrimination had taken place
    • resulted in massive voter registration drives of African Americans in the South
women s struggle for equal rights
Women’s Struggle for Equal Rights
  • Women’s Suffrage Movement
    • was connected to the abolition movement
    • suffragists organized the first women’s right convention at Seneca Falls, NY in 1848
    • established women’s suffrage associations
    • finally won passage of the Nineteenth Amendment in 1920
    • Title IX
women s struggle for equal rights cont
Women’s Struggle for Equal Rights, (cont.)
  • The Modern Women’s Movement
    • spurred in by the publication of Betty Friedan’s The Feminine Mystique( 1963)
    • connected to the civil rights movement of the 1960’s
    • argued for ratification of the Equal Rights Amendment
    • failed to win the necessary states for ratification
    • has targeted gender discrimination by challenging policies and laws in federal courts
    • has advocated and encouraged an increasingly prominent role for women in government and politics
slide71

“The right of citizensof the United States to vote shall not be denied or abridged by the United Statesor by any State on account of sex.”

gender based discrimination in the work place
gender discrimination – any practice, policy or procedure that denies equality of treatment to an individual or group because of gender

prohibited by Title VII of the Civil Rights Act of 1964

applies even to “protective policies,” policies designed to protect women of child-bearing age

Gender-Based Discrimination in the Work Place
gender based discrimination in the work place cont
sexual harassment – unwanted physical or verbal conduct or abuse of a sexual nature that

interferes with a recipient’s job performance OR

creates a hostile environment OR

carries and implicit or explicit threat of adverse employment consequences

wage discrimination – women earn 76 cents for every $1.00 earned by men

the glass ceiling – the phenomenon of women holding few of the top positions in professions or businesses

Gender-Based Discrimination in the Work Place, (cont.)
affirmative action
Affirmative Action
  • a policy in educational admissions or job hiring
  • gives special consideration or compensatory treatment to traditionally disadvantaged groups
  • is an effort to overcome present effects of past discrimination
  • Bakkedecision, 1978: reverse discrimination
  • Supreme Court: “strict scrutiny”
gratz v bollinger

Gratz v. Bollinger

Grutter v. Bollinger

beyond equal protection affirmative action
Beyond Equal Protection—Affirmative Action
  • Affirmative Action Tested
    • Regents of the University of California v. Bakke (1979)
    • Reverse Discrimination - quota system?
  • Affirmative Action Is under Attack
    • Adarand Constructors, Inc. v. Pena (1995)
    • Hopwood v. State of Texas (1996)
special protection for older americans
Special Protection for Older Americans
  • Population Projections
  • Attempts to Protect Older Americans
    • Age Discrimination in Employment Act of 1967 – prohibits discrimination on the basis of age unless age is shown to be a bona fide occupational qualification
    • Mandatory Retirement – is prohibited in most occupations by an amendment to the ADEA (1978)
protecting older americans
Protecting Older Americans
  • -
  • Age Discrimination in Employment Act of 1967
  • Obtaining Rights for Persons with Disabilities
    • Americans with Disabilities Act of 1990- most significant legislation protecting the rights of this group.
    • Requires that all public buildings and services be accessible to persons with disabilities.
  • Go to: http://www.aarp.org
  • Go to: http://www.usdoj.gov/crt/ada/adahom1.htm
securing rights for persons with disabilities
Securing Rights for Persons with Disabilities
  • The Americans with Disabilities Act of 1990
    • requires all public buildings and services be accessible to persons with disabilities
    • requires employers make reasonable accommodations for people with disabilities
    • defines “disabilities” as physical or mental impairments that substantially limit everyday activities
  • Supreme Court ruled that an HIV infection falls under the protection of the ADA
  • conditions that can be medically corrected (medication, glasses) do not fall under ADA
the rights and status of gay males and lesbians
The Rights and Status of Gay Males and Lesbians
  • in decades past, most states had anti-sodomy laws
  • most laws now have been repealed
  • the Supreme Court upheld a law in Bowers v. Hardwick (1986) that made homosexual conduct between two adults a crime
  • in Romer v. Evans (1996) the Supreme Court ruled that a Colorado amendment that invalidated state laws protecting homosexuals violated the equal protection clause
  • now 12 states and 165 municipalities have laws that protect gay men and lesbians from discrimination
the gay community and politics
Gay Men and Lesbians in the Military

1993 Clinton policy was characterized as “don’t ask, don’t tell”

Supreme Court will likely rule on the issue

Same-sex marriages

the Hawaii Supreme Court ruled that denying marriage licenses to gay couples might violate the equal protection clause of the state constitution

in a referendum, voters in Hawaii opposed allowing same-sex marriages

the Vermont legislature has passed a law allowing same-sex “civil unions”

Child Custody and Adoption

courts now no longer deny custody or visitation to persons solely on the basis of sexual orientation

The Gay Community and Politics
hispanics
Hispanics
  • Party Identification and Electoral Significance
    • The largest ethnic minority in the United States.
    • Mexican-Americans and Puerto Ricans tend to identify with the Democratic Party. Cuban-Americans support the Republican Party for their anti-Castro position.
  • Political Participation
    • Hispanic voter turnout is only about 27 percent compared to 50 percent for the population at large.
  • Go to: http://www.latinosvote.com/
other ethnic groups
Other Ethnic Groups
  • Asian Americans http://www.sunfiregroup.com/
  • Native Americans http://www.geocities.com/CapitolHill/9118/
the rights and status of juveniles
The Rights and Status of Juveniles
  • parents are viewed as protectors of children’s rights
  • the 26th amendment grants 18-21 year olds the right to vote
  • most contracts entered into by minors cannot be enforced
  • parents can be held liable for minor’s negligent actions
  • minors are sometimes viewed as incapable of criminal intent
  • when minors are tried as adults, they are afforded the same protections, but are subject to adult penalties (including the death penalty)
the politics of homeland security1
The Politics of Homeland Security
  • Racial Profiling in the War on Terrorism
discussion1
Discussion
  • In what circumstances is bilingual education warranted?
  • What still needs to be done in the area of civil rights?
  • Should gays and lesbians have the same rights as heterosexuals?
  • Should affirmative action be extended? Abolished?
  • What policies are necessary to promote gender equality?
key terms to know
Affirmative action

Brown v. BOE

Civil rights

Civil Rights Act 1964

Civil rights movement

De facto segregation

De jure segregation

14th Amendment

Freedom rights

MLK, Jr.

Montgomery bus boycott

NAACP

Nonviolent civil disobedience

Plessy v. Ferguson

Reasonableness standard

Roe v. Wade

Rosa Parks

Separate-but-equal doctrine

Sit-ins

Strict scrutiny standard

Swann v. Charlotte-Mecklenburg BOE

Voting Rights Act 1965

Key Terms to Know:
essential questions we should have answered by now1
Essential Questions we Should Have Answered by Now:
  • What was the “Black Predicament”?
  • How do the courts influence civil rights?
  • How does Congress influence civil rights?
  • What is the stance for women and equal rights?
  • What is affirmative action?

Lets Tackle These:

  • Should numerical goals ever be used to ensure that students and workers are drawn from every racial group?
  • To what extent should the government be able to limit the opportunity to have an abortion?
key concepts to remember
Key Concepts to Remember:
  • The Bill of Rights was added to the Constitution to protect individual rights from encroachment by the federal government.
  • Since the 1920’s, the 14th Amendment’s Due Process clause has been interpreted to include most of the protections guaranteed in the Bill of Rights and to prevent states from infringing on those rights. This is known as the Incorporation Doctrine and the process is called “selective incorporation.”
key concepts to remember1
Key Concepts to Remember:

3. The rights conferred by the Constitution are not absolute, and the extent of protection afforded by the Constitution has varied over time depending on a variety of political conditions, including the composition of the Supreme Court. It is the S.C. that plays the major role, but not the only one, in guaranteeing individual rights and liberties. Ultimately, the nature of the rights and liberties enjoyed by Americans is determined through the political process.

key concepts to remember2
Key Concepts to Remember:

4. Civil liberties are legal and constitutional protections against the government. Civil rights are policies that extend basic rights to groups historically subject to discrimination.

5. Americans have never fully come to terms with the concept of equality and the Equal Protection clause of the 14th Amendment. With the abandonment of the “separate but equal” doctrine in 1954 and the rise of the civil rights and women’s movements, the federal government has leaned toward policies aimed at tearing down the barriers represented by racial and other forms of discrimination. These policies, however, continue to stir major controversies within society as illustrated by the ongoing debate over affirmative action programs.