Civil Liberties and Civil Rights

Ms. KirkMs. Kirk

American GovernmentAmerican Government

Civil Liberties versus Civil Rights

civil liberties involve restraining the civil liberties involve restraining the government’s action against individuals government’s action against individuals (only the government can violate your (only the government can violate your civil liberties)civil liberties)

civil rights are rights all individuals share civil rights are rights all individuals share as provided for in the 14as provided for in the 14thth amendment, amendment, which guarantees equal protection which guarantees equal protection under the law (private individuals or the under the law (private individuals or the government can violate these)government can violate these)

The Constitutional Basis for Our Civil Liberties

Safeguards in the Original ConstitutionSafeguards in the Original Constitution Guarantee of Habeas CorpusGuarantee of Habeas Corpus No bill of attainderNo bill of attainder No ex post facto law No ex post facto law

The Bill of RightsThe Bill of Rights Function is to protect the rights of minority Function is to protect the rights of minority

groups against the will of the majority.groups against the will of the majority. The Incorporation Issue The Incorporation Issue

Incorporating the Bill of Rights

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14th Amendment

Due Process Clause- (also in 5Due Process Clause- (also in 5thth Amdmnt)—guarantees Amdmnt)—guarantees individuals a variety of rights from economic liberty to individuals a variety of rights from economic liberty to criminal procedural rights to protection from arbitrary or criminal procedural rights to protection from arbitrary or unjust laws)unjust laws)

Incorporation doctrine—most limits on government Incorporation doctrine—most limits on government contained in the Bill of Rights also apply to the statescontained in the Bill of Rights also apply to the states

Equal Protection Clause—No state shall ... deny to any Equal Protection Clause—No state shall ... deny to any person within its jurisdiction the equal protection of the person within its jurisdiction the equal protection of the lawslaws

Freedom of Religion

The The Establishment ClauseEstablishment Clause Prayer in the Schools- Engel v. Vitale (1962) (Prayer in the Schools- Engel v. Vitale (1962) (students students

cannot be forced to say a prayer written by the cannot be forced to say a prayer written by the school boardschool board))

Evolution versus Creationism- Epperson v. Arkansas Evolution versus Creationism- Epperson v. Arkansas ((can’t prevent teaching evolutioncan’t prevent teaching evolution))

Aid to Parochial Schools- Lemon v. Kurtzman (1971) Aid to Parochial Schools- Lemon v. Kurtzman (1971) ((lemon test lemon test established- constitutional laws must 1) established- constitutional laws must 1) have a secular purpose 2) have a primary effect that have a secular purpose 2) have a primary effect that neither advances nor prohibits religion, and 3) not foster neither advances nor prohibits religion, and 3) not foster excessive government entanglement with religion)excessive government entanglement with religion)

What about posting the 10 What about posting the 10 Commandments? Commandments?

Student religious groups in schools?Student religious groups in schools? Student led prayer at high school football Student led prayer at high school football

games?games?

The The Free Exercise ClauseFree Exercise Clause Belief and Practice are Distinct- Reynolds v. Belief and Practice are Distinct- Reynolds v.

U.S. (government CAN limit acts that are U.S. (government CAN limit acts that are illegal, even if done in the name of religion, illegal, even if done in the name of religion, such as bigamy, snake handling, and use of such as bigamy, snake handling, and use of illegal drugs)illegal drugs)

Freedom of Expression

permitted restrictionspermitted restrictions Speech that presents a “Speech that presents a “clear and present clear and present

dangerdanger”” Commercial speechCommercial speech Fighting wordsFighting words SlanderSlander Obscenity and pornography Obscenity and pornography

protected speechprotected speech symbolic speechsymbolic speech (more protected--burning the (more protected--burning the

flag, etc.)flag, etc.) Seditious speech (advocating overthrow of Seditious speech (advocating overthrow of

govmnt)govmnt)

Seditious Speech

Brandenburg v. Ohio, 1969 (Brandenburg v. Ohio, 1969 (government cannot punish inflammatory government cannot punish inflammatory speech unless it is directed to inciting and likely to incite imminent speech unless it is directed to inciting and likely to incite imminent lawless actionlawless action

SO The First Amendment does not protect SO The First Amendment does not protect speech intended to advocate immediate and speech intended to advocate immediate and concrete acts of violenceconcrete acts of violence

Freedom of the Press

press has some protection from libel chargespress has some protection from libel charges libellibel must be accompanied by actual malice must be accompanied by actual malice

the press is now protected from gag orders the press is now protected from gag orders during trials, except in unusual circumstancesduring trials, except in unusual circumstances

radio and t.v. have much more limited 1radio and t.v. have much more limited 1stst Amendment protectionsAmendment protections They are subject to the equal time ruleThey are subject to the equal time rule Content regulationContent regulation

The Right to Assemble and Petition the Government protected by the 1protected by the 1stst Amendment Amendment can be limited by municipalities’ right to can be limited by municipalities’ right to

offer permits for marchesoffer permits for marches has been tested by anti-loitering has been tested by anti-loitering

ordinances aimed at reducing gangs ordinances aimed at reducing gangs from congregatingfrom congregating

Freedom of AssemblyFreedom of Assembly –must be a balance between –must be a balance between the right of the people to express dissent and the the right of the people to express dissent and the responsibility of government to keep the peaceresponsibility of government to keep the peace

Privacy Rights and Abortion

no explicit right to privacy in Constitutionno explicit right to privacy in Constitution Griswold v. Connecticut Griswold v. Connecticut (1965) -- (1965) --

Supreme Court rules that privacy rights Supreme Court rules that privacy rights exist (Connecticut said contraceptives exist (Connecticut said contraceptives were illegal—court said there is a marital were illegal—court said there is a marital privacy right)privacy right) comes from the 1comes from the 1stst, 3, 3rdrd, 4, 4thth, 5, 5thth and and

99thth Amendments Amendments Roe v. Wade Roe v. Wade (1973) court rules that (1973) court rules that

privacy rights include abortion rights privacy rights include abortion rights

The Right to Privacy

Do We Have the “Right to Die”?Do We Have the “Right to Die”? Washington v. GlucksbergWashington v. Glucksberg (1997) (no right for (1997) (no right for

a patient to seek suicide assistance from a a patient to seek suicide assistance from a doctor)doctor)

Some states have passed suicide assistance laws Some states have passed suicide assistance laws (generally upheld by the Supreme Court)(generally upheld by the Supreme Court)

Homosexuality (Lawrence v. Texas, 2003) Homosexuality (Lawrence v. Texas, 2003) (Supreme Court struck down sodomy laws in (Supreme Court struck down sodomy laws in Texas)Texas)

The Rights of the Accused The Rights of Criminal DefendantsThe Rights of Criminal Defendants

Fourth Amendment right against unreasonable search and Fourth Amendment right against unreasonable search and seizure.seizure.

Fifth Amendment right against double jeopardy. Fifth Amendment right against double jeopardy. The Exclusionary Rule (out of 4The Exclusionary Rule (out of 4thth Amendment) Amendment)

Mapp v. OhioMapp v. Ohio (1961)- illegally obtained evidence is not (1961)- illegally obtained evidence is not admissible.admissible.

The Miranda Warnings (1966) (out of 5The Miranda Warnings (1966) (out of 5 thth Amendment) Amendment) Fifth Amendment right against self-incrimination. Fifth Amendment right against self-incrimination.

The Right to Counsel (6The Right to Counsel (6thth Amendment) Amendment) Gideon v. WainwrightGideon v. Wainwright (1963)- If accused of a felony, an attorney (1963)- If accused of a felony, an attorney

must be made available at the government’s expense. must be made available at the government’s expense. No Cruel and Unusual Punishment Clause (8No Cruel and Unusual Punishment Clause (8 thth Amendment) Amendment)

Eighth Amendment also prohibits excessive bail and fines.Eighth Amendment also prohibits excessive bail and fines.

States that Allow the Death Penalty

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Americans at Odds over Civil Liberties

Should Hate Speech on Campus Be Banned?Should Hate Speech on Campus Be Banned? Is America One Nation “under God”?Is America One Nation “under God”? Should Americans Be More Concerned Should Americans Be More Concerned

about the Erosion of Privacy Rights?about the Erosion of Privacy Rights? Has the Supreme Court done too much to Has the Supreme Court done too much to

protect the rights of the accused, or does it protect the rights of the accused, or does it need to do more?need to do more?

Civil Rights

all rights rooted in the all rights rooted in the Fourteenth Fourteenth AmendmentsAmendments’ guarantee of equal ’ guarantee of equal protection under the lawprotection under the law

what the government must do to what the government must do to ensure equal protectionensure equal protection

what the government must do to what the government must do to ensure freedom from ensure freedom from discriminationdiscrimination

Key Points of the Civil Rights Acts of 1865 to 1875

The First Civil Rights Act (1866)The First Civil Rights Act (1866) extended citizenship to anyone extended citizenship to anyone

born in the United Statesborn in the United States gave African Americans full gave African Americans full

equality before the lawequality before the law authorized the president to authorized the president to

enforce the act through use of enforce the act through use of forceforce

Key Points of the Civil Rights Acts of 1865 to 1875, (cont.)

The Enforcement Act of 1870The Enforcement Act of 1870 set out specific penalties for set out specific penalties for

interfering with the right to voteinterfering with the right to vote The Anti-Ku Klux Klan Act (1872)The Anti-Ku Klux Klan Act (1872)

made it a federal crime to made it a federal crime to deprive an individual of his or deprive an individual of his or her rightsher rights

Key Points of the Civil Rights Acts of 1865 to 1875, (cont.)

The Second Civil Rights Act (1875)The Second Civil Rights Act (1875) everyone is entitled to equal everyone is entitled to equal

enjoyment of public enjoyment of public accommodation and places of accommodation and places of public amusementpublic amusement

imposed penalties for violatorsimposed penalties for violators

Plessy v. FergusonPlessy v. Ferguson (1896) (1896) stated that segregation did not stated that segregation did not

violate the 14violate the 14thth amendment amendment established the separate-but-equal established the separate-but-equal

doctrinedoctrine provided constitutional justification provided constitutional justification

for racial segregation, especially in for racial segregation, especially in the South the South

Barriers to Voting by African Americans the white primary – a state primary election in the white primary – a state primary election in

which only whites may votewhich only whites may vote allowed because Southern politicians claimed allowed because Southern politicians claimed

political parties were private entitiespolitical parties were private entities was outlawed by the Supreme Court in 1944 was outlawed by the Supreme Court in 1944

((Smith v. AllwrightSmith v. Allwright)) grandfather clause – restricting voting to grandfather clause – restricting voting to

individuals who could prove that their grandfathers individuals who could prove that their grandfathers had voter prior to 1867had voter prior to 1867 was used to exempt whites from poll taxeswas used to exempt whites from poll taxes was used to exempt whites from literacy testswas used to exempt whites from literacy tests

Barriers to voting by African Americans (cont.) poll taxespoll taxes – required the payment of a fee to – required the payment of a fee to

votevote intended to disenfranchise poor African intended to disenfranchise poor African

AmericansAmericans was outlawed in national elections by the was outlawed in national elections by the

2424thth amendment amendment was outlawed in all elections by the was outlawed in all elections by the

Supreme Court in 1966Supreme Court in 1966 literacy testsliteracy tests -- required potential voters to -- required potential voters to

read, recite or interpret complicated texts read, recite or interpret complicated texts intended to disenfranchise African intended to disenfranchise African

AmericansAmericans

Ending Legal Segregation

Brown v. Board of Education of TopekaBrown v. Board of Education of Topeka (1954 (1954) ) – Supreme Court rules public school – Supreme Court rules public school segregation violates the 14segregation violates the 14thth amendment amendment overturns overturns Plessy v. FergusonPlessy v. Ferguson

Brown v. Board of Education Brown v. Board of Education (1955)(1955) – orders – orders desegregation “with all deliberate speed”desegregation “with all deliberate speed”

court–ordered busing: transporting African American court–ordered busing: transporting African American children to white schools and white children to African children to white schools and white children to African American schools to end American schools to end de factode facto segregation segregation

Court-ordered busing – transporting African Court-ordered busing – transporting African American children to white schools and white American children to white schools and white children to African American schoolschildren to African American schools

Modern Civil Rights Legislation Civil Rights Act of 1964 Civil Rights Act of 1964

forbade discrimination on the basis of race, forbade discrimination on the basis of race, color, religion, gender and national origin incolor, religion, gender and national origin in

voter registrationvoter registration public accommodationspublic accommodations public schoolspublic schools

expanded the power of the Civil Rights expanded the power of the Civil Rights CommissionCommission

withheld funds from programs administered withheld funds from programs administered in a discriminatory wayin a discriminatory way

established the right to equality of established the right to equality of opportunity in employment (created the opportunity in employment (created the EEOCEEOC))

Charges of Discrimination

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The Civil Rights Movement

Rosa ParksRosa Parks Montgomery, Alabama 1955 Montgomery, Alabama 1955 Martin Luther King, Jr.Martin Luther King, Jr. leads boycott leads boycott King’s philosophy of nonviolenceKing’s philosophy of nonviolence Civil rights activists emulate King’s use of

Mahatma Ghandi’s tactics of civil disobedience

Birmingham protest, 1963Birmingham protest, 1963 March on Washington, 1963March on Washington, 1963

““I Have a Dream” speechI Have a Dream” speech Black Power movementBlack Power movement

Malcolm XMalcolm X

Modern Civil Rights Legislation, (cont.)

Civil Rights Act of 1968Civil Rights Act of 1968 forbade discrimination in housingforbade discrimination in housing

Voting Rights Act of 1965Voting Rights Act of 1965 outlawed discriminatory voter registration testsoutlawed discriminatory voter registration tests authorized federal registration and authorized federal registration and

administration of voting where discrimination administration of voting where discrimination had taken placehad taken place

resulted in massive voter registration drives of resulted in massive voter registration drives of African Americans in the South African Americans in the South

Women’s Struggle for Equal Rights Women’s Suffrage MovementWomen’s Suffrage Movement

was connected to the abolition movementwas connected to the abolition movement suffragists organized the first women’s suffragists organized the first women’s

right convention at Seneca Falls, NY in right convention at Seneca Falls, NY in 18481848

established women’s suffrage established women’s suffrage associationsassociations

finally won passage of the finally won passage of the Nineteenth Nineteenth AmendmentAmendment in 1920 in 1920

Women’s Struggle for Equal Rights, (cont.)

The Modern Women’s MovementThe Modern Women’s Movement spurred in by the publication of Betty Friedan’s spurred in by the publication of Betty Friedan’s The The

Feminine MystiqueFeminine Mystique ( 1963)( 1963) connected to the civil rights movement of the 1960’sconnected to the civil rights movement of the 1960’s argued for ratification of the Equal Rights argued for ratification of the Equal Rights

AmendmentAmendment failed to win the necessary states for ratificationfailed to win the necessary states for ratification has targeted gender discrimination by challenging has targeted gender discrimination by challenging

policies and laws in federal courtspolicies and laws in federal courts has advocated and encouraged an increasingly has advocated and encouraged an increasingly

prominent role for women in government and politicsprominent role for women in government and politics

“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, gender discrimination – any practice, policy or procedure that denies equality policy or procedure that denies equality of treatment to an individual or group of treatment to an individual or group because of genderbecause of gender

prohibited by prohibited by Title VII of the Civil Rights Title VII of the Civil Rights Act of 1964Act of 1964

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

Gender-Based Discrimination in the Work Place, (cont.)

sexual harassmentsexual harassment – unwanted physical or verbal – unwanted physical or verbal conduct or abuse of a sexual nature thatconduct or abuse of a sexual nature that interferes with a recipient’s job performance ORinterferes with a recipient’s job performance OR creates a hostile environment ORcreates a hostile environment OR carries and implicit or explicit threat of adverse carries and implicit or explicit threat of adverse

employment consequencesemployment consequences wage discriminationwage discrimination – women earn 76 cents for every – women earn 76 cents for every

$1.00 earned by men$1.00 earned by men the glass ceilingthe glass ceiling – the phenomenon of women holding – the phenomenon of women holding

few of the top positions in professions or businessesfew of the top positions in professions or businesses

Affirmative Action

a policy in educational admissions or job a policy in educational admissions or job hiringhiring

gives special consideration or gives special consideration or compensatory treatment to traditionally compensatory treatment to traditionally disadvantaged groupsdisadvantaged groups

is an effort to overcome present effects is an effort to overcome present effects of past discrimination of past discrimination

BakkeBakke decision, 1978: reverse decision, 1978: reverse discriminationdiscrimination

Supreme Court: “strict scrutiny”Supreme Court: “strict scrutiny”

Special Protection for Older Americans Population ProjectionsPopulation Projections Attempts to Protect Older AmericansAttempts to Protect Older Americans

Age Discrimination in Employment Act Age Discrimination in Employment Act of 1967of 1967 – prohibits discrimination on – prohibits discrimination on the basis of age unless age is shown the basis of age unless age is shown to be a bona fide occupational to be a bona fide occupational qualificationqualification

Mandatory RetirementMandatory Retirement – is prohibited – is prohibited in most occupations by an in most occupations by an amendment to the ADEA (1978)amendment to the ADEA (1978)

Securing Rights for Persons with Disabilities

The Americans with Disabilities Act of 1990The Americans with Disabilities Act of 1990 requires all public buildings and services requires all public buildings and services

be accessible to persons with disabilitiesbe accessible to persons with disabilities requires employers make reasonable requires employers make reasonable

accommodations for people with accommodations for people with disabilitiesdisabilities

defines “disabilities” as physical or mental defines “disabilities” as physical or mental impairments that substantially limit impairments that substantially limit everyday activitieseveryday activities

Supreme Court ruled that an HIV infection falls Supreme Court ruled that an HIV infection falls under the protection of the ADA under the protection of the ADA

conditions that can be medically corrected conditions that can be medically corrected (medication, glasses) do not fall under ADA(medication, glasses) do not fall under ADA

The Rights and Status of Gay Males and Lesbians

in decades past, most states had anti-sodomy in decades past, most states had anti-sodomy lawslaws

the Supreme Court upheld a law in the Supreme Court upheld a law in Bowers v. Bowers v. HardwickHardwick (1986) (1986) that made homosexual conduct that made homosexual conduct between two adults a crime (but see between two adults a crime (but see Lawrence v. Lawrence v. TexasTexas))

in in Romer v. Evans Romer v. Evans (1996)(1996) the Supreme Court ruled the Supreme Court ruled that a Colorado amendment that invalidated state that a Colorado amendment that invalidated state laws protecting homosexuals violated the equal laws protecting homosexuals violated the equal protection clauseprotection clause

now 12 states and 165 municipalities have laws now 12 states and 165 municipalities have laws that protect gay men and lesbians from that protect gay men and lesbians from discriminationdiscrimination

The Rights and Status of Juveniles

parents are viewed as protectors of children’s rightsparents are viewed as protectors of children’s rights the the 2626thth amendment amendment grants 18-21 year olds the right grants 18-21 year olds the right

to voteto vote most contracts entered into by minors cannot be most contracts entered into by minors cannot be

enforcedenforced parents can be held liable for minor’s negligent parents can be held liable for minor’s negligent

actionsactions minors are sometimes viewed as incapable of minors are sometimes viewed as incapable of

criminal intentcriminal intent when minors are tried as adults, they are afforded when minors are tried as adults, they are afforded

the same protections, but are subject to adult the same protections, but are subject to adult penalties (including the death penalty) penalties (including the death penalty)

The Politics of Homeland Security

Racial Profiling in the War on TerrorismRacial Profiling in the War on Terrorism

Discussion

In what circumstances is bilingual In what circumstances is bilingual education warranted?education warranted?

What still needs to be done in the area What still needs to be done in the area of civil rights?of civil rights?

Should gays and lesbians have the Should gays and lesbians have the same rights as heterosexuals?same rights as heterosexuals?

Should affirmative action be extended? Should affirmative action be extended? Abolished?Abolished?

What policies are necessary to promote What policies are necessary to promote gender equality?gender equality?

Key Concepts to Remember:

1.1. The Bill of Rights was added to the Constitution The Bill of Rights was added to the Constitution to protect individual rights from encroachment to protect individual rights from encroachment by the federal government.by the federal government.

2.2. Since the 1920’s, the 14Since the 1920’s, the 14thth Amendment’s Due Amendment’s Due Process clause has been interpreted to include Process clause has been interpreted to include most of the protections guaranteed in the Bill of most of the protections guaranteed in the Bill of Rights and to prevent states from infringing on Rights and to prevent states from infringing on those rights. This is known as the Incorporation those rights. This is known as the Incorporation Doctrine and the process is called “selective Doctrine and the process is called “selective incorporation.”incorporation.”

Key Concepts to Remember:

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

Key Concepts to Remember:

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

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