Warm Up Think of an Answer and be ready to speak If you were researching the constitution and people’s right to privacy which of the following topics would be best to look up? If you were researching the constitution and people’s right to privacy which of the following topics would be best to look up? a) Executive Orders made by the Presidents of the United States that have violated people’s rights b) Supreme Court concurring and dissenting opinions on Privacy c) Political scandals involving the private lives of politicians d) Constitutional violations of the 18 th Amendment

Answer If you were researching the constitution and people’s right to privacy which of the following topics would be best to look up? If you were researching the constitution and people’s right to privacy which of the following topics would be best to look up? a) Executive Orders made by the Presidents of the United States that have violated people’s rights Not all presidents or exective orders violate people’s rights. This search would only give you a limited amount of answers. All of which would point back to the supreme court for a more thorough answer. Not all presidents or exective orders violate people’s rights. This search would only give you a limited amount of answers. All of which would point back to the supreme court for a more thorough answer. b) Supreme Court concurring and dissenting opinions on Privacy RIGHT ANSWER!! The supreme court rules whether a law is constitutional or not. Concurring opinions are those that agree with the decision made and dissenting opinion are those who disagree with the decision made RIGHT ANSWER!! The supreme court rules whether a law is constitutional or not. Concurring opinions are those that agree with the decision made and dissenting opinion are those who disagree with the decision made c) Political scandals involving the private lives of politicians Rarely do these events even violate the privacy of politicians, since being “famous” usually means you lose many of your rights to privacy. Also this topic would give you a very limited if any amount of information about the “constitutionality” of a topic. Rarely do these events even violate the privacy of politicians, since being “famous” usually means you lose many of your rights to privacy. Also this topic would give you a very limited if any amount of information about the “constitutionality” of a topic. d) Constitutional violations of the 18 th Amendment 18 th Amendment is about Income Tax 18 th Amendment is about Income Tax

Challenges for Civil Liberties Unit 6 Notes Last lecture before Test

Affirmative Action All state and national institutions abide by Affirmative Action All state and national institutions abide by Affirmative Action Any organization receiving federal money has to abide by affirmative action Any organization receiving federal money has to abide by affirmative action VERY CONFUSING legislation – supreme court has ruled on both sides of Affirmative Action VERY CONFUSING legislation – supreme court has ruled on both sides of Affirmative Action

Affirmative Action Regents of the University of California v. Bakke Regents of the University of California v. Bakke Bakke, a white student, sued California because he was denied admissions to medical school, when 16 minorities were admitted who had lower test scores Bakke, a white student, sued California because he was denied admissions to medical school, when 16 minorities were admitted who had lower test scores 16 out of 100 spots are reserved every year for minorities 16 out of 100 spots are reserved every year for minorities Court ruled 5 to 4 upholding affirmative action Court ruled 5 to 4 upholding affirmative action However the court also ruled that a strict quota system was unconstitutional and ordered Bake to be admitted into Med school However the court also ruled that a strict quota system was unconstitutional and ordered Bake to be admitted into Med school

Affirmative Action Johnson v. Transportation Agency, Santa Clara County, California Johnson v. Transportation Agency, Santa Clara County, California Court upheld the use of Affirmative Action to determine promotions Court upheld the use of Affirmative Action to determine promotions Paul Johnson and Diane Joyce were competing for the same job Paul Johnson and Diane Joyce were competing for the same job Paul scored 2 points higher on his qualifying interview Paul scored 2 points higher on his qualifying interview Diane got the promotion Diane got the promotion

Affirmative Action Richmond v. JA Croson Co. Richmond v. JA Croson Co. Court said that a plan setting 30% of the city contracts for minorities was not constitutional Court said that a plan setting 30% of the city contracts for minorities was not constitutional Adarand Constructors inc. v. Peña Adarand Constructors inc. v. Peña Federal programs classifying people by race was unconstitutional Federal programs classifying people by race was unconstitutional

Affirmative Action Ongoing Debate Ongoing Debate 1. Minorities have been handicapped by past discrimination that they suffer disadvantages today that whites do no contend with and therefore the government should actively try to promote equality for minorities 2. Reverse Discrimination – any discrimination based upon race or gender is wrong - merit should be the only basis for job selection

Discrimination Against Women 19 th Amendment (1920) 19 th Amendment (1920) Women received the right to vote Women received the right to vote Reed v. Reed Reed v. Reed Ruled a law unconstitutional that said a father is automatically executor of a son’s will Ruled a law unconstitutional that said a father is automatically executor of a son’s will Established the “Reasonable Standard” test for discriminating against gender Established the “Reasonable Standard” test for discriminating against gender If you discriminate it must be reasonable and not arbitrary and must rest on some ground of difference If you discriminate it must be reasonable and not arbitrary and must rest on some ground of difference The difference must serve an “Important government objective” The difference must serve an “Important government objective”Important government objectiveImportant government objective Discrimination is subject to “intermediate scrutiny” Discrimination is subject to “intermediate scrutiny” Treating women differently based upon “old notions” or “stereotypes” is unconstitutional Treating women differently based upon “old notions” or “stereotypes” is unconstitutional

Critical Thinking Question In which circumstances should the country allow for discrimination between men and women? In which circumstances should the country allow for discrimination between men and women?

Decisions Under Substantial Interest Standard – What the State CANNOT Do States cannot set different ages for men and women to become adults States cannot set different ages for men and women to become adults States cannot set different ages for men and women to purchase alcohol States cannot set different ages for men and women to purchase alcohol States cannot prevent women from serving on juries States cannot prevent women from serving on juries Employers cannot require women to take pregnancy leave Employers cannot require women to take pregnancy leave Girls cannot be kept off of little league team Girls cannot be kept off of little league team Private clubs and community service groups cannot exclude women Private clubs and community service groups cannot exclude women Employers must pay women retirement benefits equal to men Employers must pay women retirement benefits equal to men States cannot ban women from attending government supported military colleges States cannot ban women from attending government supported military colleges

Decisions Under Substantial Interest Standard – What the State CAN do All-boy and All-girl public schools are allowed, as long as enrollment is voluntary and the schools are equal All-boy and All-girl public schools are allowed, as long as enrollment is voluntary and the schools are equal States can give widows a property tax exemption not given to widowers States can give widows a property tax exemption not given to widowers States can prevent women from working in all male prisons States can prevent women from working in all male prisons Hospitals are allowed to ban fathers (male-non- employees) from delivery room. Hospitals are allowed to ban fathers (male-non- employees) from delivery room.

Congressional Action Civil Rights Act of 1964 Civil Rights Act of 1964 Banned job discrimination based upon gender Banned job discrimination based upon gender Equal Employment Opportunity Act of 1972 Equal Employment Opportunity Act of 1972 Banned discrimination in the areas of hiring, firing, promotions, pay, and working conditions Banned discrimination in the areas of hiring, firing, promotions, pay, and working conditions Equal Credit Opportunity Act of 1974 Equal Credit Opportunity Act of 1974 Banned discrimination in getting credit or financing Banned discrimination in getting credit or financing Omnibus Education Act of 1972 Omnibus Education Act of 1972 Requires schools to give boys and girls equal chance in sports programs Requires schools to give boys and girls equal chance in sports programs Equal number of sports played Equal number of sports played Equal number of scholarships Equal number of scholarships Still allowed for boys and girls only teams Still allowed for boys and girls only teams

Critical Thinking Question Should the government be allowed to make decisions based upon information that is undisclosed to the public? Should the government be allowed to make decisions based upon information that is undisclosed to the public?

Citizens’ Right to Know Freedom of Information Act of 1966 Freedom of Information Act of 1966 Citizens have access to public records upon request Citizens have access to public records upon request Exemptions: Exemptions: National defense National defense Confidential personal and financial data Confidential personal and financial data Law enforcement files Law enforcement files Sunshine Act Sunshine Act Government groups started holding meetings in private to avoid disclosure Government groups started holding meetings in private to avoid disclosure Sunshine Act required public meetings and a one week’s prior notice before the meeting Sunshine Act required public meetings and a one week’s prior notice before the meeting Private meetings are allowed, but a transcript or recording must be made of the meeting Private meetings are allowed, but a transcript or recording must be made of the meeting

Citizens’ Right to Privacy Constitution Constitution The Right to privacy does not exist in the constitution The Right to privacy does not exist in the constitution Instead it has been ruled on positively by the Supreme Court Instead it has been ruled on positively by the Supreme Court Pierce v. Society of Sisters Pierce v. Society of Sisters Roe v. Wade Roe v. Wade Reno v. Condon Reno v. Condon Right to personal privacy in the areas of... Right to personal privacy in the areas of... Child rearing Child rearing Abortion Abortion Personal information Personal information Privacy is limited when the state has a “compelling need.” Privacy is limited when the state has a “compelling need.”

Citizens’ Right to Privacy Confidentiality Confidentiality Jaffee v. Redmond Jaffee v. Redmond Health professionals cannot be required to disclose information they recovery during therapy or the treatment of a patient Health professionals cannot be required to disclose information they recovery during therapy or the treatment of a patient

Critical Thinking Question How much freedom should a child (someone under the age of 18) have when it comes to making educational decisions for themselves. How much freedom should a child (someone under the age of 18) have when it comes to making educational decisions for themselves.

Legislation on Privacy Family Educational Rights and Privacy Act Family Educational Rights and Privacy Act Allows people to inspect information about themselves so they can challenge or correct it if need be. Allows people to inspect information about themselves so they can challenge or correct it if need be. Allows school files to be accessible to parents of students and students once they become 18. Allows school files to be accessible to parents of students and students once they become 18.

Sharing Credit Information Agencies are allowed to collect and share credit reporting information about individuals Agencies are allowed to collect and share credit reporting information about individuals Companies have to keep strict records on who has access to credit information Companies have to keep strict records on who has access to credit information Credit checks cannot be done without a person’s consent Credit checks cannot be done without a person’s consent

Internet Issues Is there privacy on the internet? Is there privacy on the internet? How can the government regulate it? How can the government regulate it? Analogy... Analogy... “Privacy will be to the information age what consumer product safety was to the industrial age.” “Privacy will be to the information age what consumer product safety was to the industrial age.”

Final Assignment Of all the Civil Liberties discussed in class, which one is handled the worse in government? Of all the Civil Liberties discussed in class, which one is handled the worse in government? In other words, which should be handled differently that it already is. In other words, which should be handled differently that it already is. Explain why Explain why Message Board – 1 paragraph Message Board – 1 paragraph