Civil Rights & Liberties AP Government Rixie Chapters 4 & 5

What’s the difference? Civil Rights Civil Liberties “Legal actions that the government takes to create equal conditions for all people” Ex: The gov’t must protect equal voting rights we have under various amendments. “Protections against government actions” Ex: The gov’t cannot infringe on our 1st Amendment ability of free religious exercise (within reason) Sources: http://www.ushistory.org/gov/10.asp https://journals.law.stanford.edu/stanford-journal-civil-rights-and-civil-liberties-sjcrcl/online/civil-rights-vs-civil-liberties

While civil liberties are almost always about protecting the individual, usually from government, civil rights are about protecting a group of people, often from the majority. What’s the difference?

Overview: Civil Liberties

Bill of Rights – Then and Now The Bill of Rights protects freedoms at a national level, but these freedoms were not necessarily guaranteed in some state constitutions Barron v. Baltimore (1833): SCOTUS ruled that states could not be forced to uphold the Bill of Rights if it conflicted with their state constitution. Bill of Rights – Then and Now

Bill of Rights – Then and Now Barron v. Baltimore: “We are of opinion that the provision in the Fifth Amendment to the Constitution declaring that private property shall not be taken for public use without just compensation is intended solely as a limitation on the exercise of power by the Government of the United States, and is not applicable to the legislation of the States.” The Court ruled the 5th Amendment was not applicable to the states. Bill of Rights – Then and Now

State governments must respect some 1st Amendment rights “Due Process Clause” of the 14th Amendment “Nor shall any state deprive any person of life, liberty, or property without due process of law” Began incorporation doctrine: Legal concept – SC has nationalized the Bill of Rights (made most provisions applicable to the states) Gitlow v. New York (1925)

Which amendment? What are the two distinct clauses? Religion

Expression Which amendment? The Press: Obscenity: difficult to define Prior restraint: government censorship (usually not allowed) Libel – written defamation Slander – spoken defamation Obscenity: difficult to define Expression

Expression Individual speech in public: Need for public order (can’t yell “fire”) Gov’t can only censor if there is a “clear and present danger” Symbolic speech okay – flag burning Commercial speech & broadcasting More restricted Regulated by FTC and FCC Expression

Assembly Assemble Associate Right to literally gather together “Time, place, and manner” restrictions Permits Right to group yourself with those with a common interest Often for political change Assembly

Which amendment? Limitations? Right to Bear Arms

As with free speech, the courts must continually interpret the vague language of the Constitution in order to apply it to today’s issues and events: What is “self-incrimination”? What is a “fair trial”? What is “unreasonable search and seizure”? What is “right to counsel”? What is considered “cruel and unusual punishment”? Defendants’ Rights

Defendants’ Rights Which amendments? 4th – Search & Seizure 4, 5, 6, 7, and 8 4th – Search & Seizure Probable cause, search warrant, & other conditions police must meet 5th – forbids forced self-incrimination Miranda rights: police must read these to suspects Defendants’ Rights

6th – right to counsel; right to speedy and public trial 7th – right to jury trial in civil cases 8th – prevents cruel and unusual punishments; death penalty? Patriot Act Passed after 9/11 Expanded power of federal gov’t (esp. NSA) to conduct wiretapping & surveillance of suspected terrorists Defendants’ Rights

Not explicitly stated in any, but implied, according to the Supreme Court Due process clause of 14th Amendment extends this liberty to the states But which amendments imply that this liberty even exists? Right to Privacy

Overview: Civil Rights

Equality What does it mean to be equal? Equal results vs. equality of opportunity 14th Amendment – Equal Protection Clause When is it fair to classify people? Equality

Equality S.C. – 3 levels of scrutiny for classifications 1. Strict scrutiny Any time the law classifies people by race & ethnicity, it is inherently suspect 2. Intermediate scrutiny Gender (classifications may be reasonable but should still be closely examined) 3. Rational basis Case by case Age, income level, etc. Equality

African American Civil Rights Struggle against slavery – 13th Amendment ended it in 1865 Reconstruction: racial segregation, Jim Crow Laws Fight for equal education: Plessy v. Ferguson – “separate but equal” segregation okay Brown v. Board of Education – overturned Plessy School segregation violates 14th Amendment African American Civil Rights

African American Civil Rights: Policy Civil Rights Act of 1964 Forbid racial discrimination in public places and employment EEOC – Equal Employment Opportunity Commission would help enforce Dept. of Justice has authority to desegregate schools/public facilities Voting Rights Act of 1965 Abolished literacy requirements Prohibited governments from using procedures that denied right to vote based on race African American Civil Rights: Policy

A policy meant to bring about increased employment/promotion/admission for groups that have been discriminated against S.C. has had mixed decisions on the constitutionality of this Generally, racial quotas are not okay Is this necessary to promote diversity and remedy previous discrimination, or can it be considered reverse discrimination? Affirmative Action

Other racial/ethnic groups with a history of discrimination Native Americans Reservations Citizenship & right to vote granted 50 years after African Americans Hispanic Americans Largest minority group; history of segregation Have drawn from many tactics of African American civil rights movement; MALDEF Asian Americans Fastest-growing minority group Internment camps – WWII (Korematsu v. US) Muslim Americans Impact of terrorism Hate crimes Other racial/ethnic groups with a history of discrimination

Women’s Rights 19th Amendment – right to vote, 1920 Societal expectations of traditional gender roles History of wage & hiring/promotion discrimination Education: Title IX legislation forbids gender discrimination in any programs receiving federal funds, including athletics Military: 2013, combat ban lifted Sexual harassment in the workplace Women’s Rights

What other groups are discriminated against? The elderly: especially in education and employment People with disabilities: Americans with Disabilities Act of 1990 (ADA) Requires employers and public facilities to make reasonable accommodations and prohibit employment discrimination LGBTQ community: Affected by homophobic attitudes, hate crimes, discrimination Marriage – SC case Obergefell v. Hodges (2015)