American Civil Liberties and Civil Rights

Sources of Civil Liberties Bill of Rights Original purpose Content Fourteenth Amendment Selective Incorporation

The Fourteenth Amendment “…nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” Due Process clause:

Freedom of Religion “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof,…” Establishment Clause Purpose Examples: Lemon v. Kurtzman – secular legislative purpose, primary effect neither advances nor inhibits religion, not foster excessive entanglement Engel v. Vitale Creationism / intelligent design Public displays

Freedom of Religion Free Exercise Clause Purpose Examples Previous standard: “narrowly tailored and in pursuit of a compelling interest” Employment Division v. Smith – abandon compelling interest standard for indirect effect on religion (peyote case) Polygamy Jewish yarmulke v. uniform Amish Jehovah’s Witnesses

Freedom of Speech and Press Restrictions allowed in case law: “Clear and Present Danger” restrictions Defamation = libel (written), slander (spoken) NY Times v. Sullivan Obscenity Miller v. California: prurient interest, “patently offensive” sexual conduct defines under law, lacks serious literary, artistic, political or scientific value Symbolic speech Tinker v. DesMoines Texas v. Johnson

Freedom of Speech and Press Time, place, and manner restrictions Commercial Speech FTC Bans speech related to unlawful activities Bans misleading claims Standard: “advance a substantial gov’t interest and be no more extensive than necessary”

Freedom of Speech and Press Broadcasting FCC More interference than print media as are limited # of frequencies Cable v. network Profanity US v. Playboy (2000) – “narrowly tailored to fit a compelling government interest” and “least restrictive alternative”

Restrictions on Expression In summary: Any restrictions on speech must: further a compelling state interest. be narrowly tailored. be content-neutral. not impose a prior restraint.

Rights of the Accused

Search and Seizure Probable Cause Unreasonable Searches and Seizures “reasonable expectation of privacy” Exclusionary Rule

Rights of the Accused Miranda Rights Right to Counsel Habeus Corpus Self incrimination Right to Counsel Habeus Corpus Informed of charges Speedy and public trial Guantanamo exception

Cruel and Unusual Punishment Must not be “arbitrary and capricious.” Must be proportional to the crime. Can only be used with defendants who are “criminally responsible.”

Other Rights Right to Property v. Eminent Domain Right to Privacy v. Criminalized Abortion

Fourteenth Amendment “…nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” Equal Protection Clause:

Post Civil-War Era Dred Scott 13th amendment 14th,15th amendments Plessy v. Ferguson Jim Crow Laws Voting Obstacles Literacy Tests Poll Taxes Voter Registration White Primaries Intimidation Grandfather Clause

Civil Rights Movement Brown v. Board of Education Civil Rights Act of 1964 Twenty-fourth Amendment Voting Rights Act of 1965

Post-Civil Rights Movement Busing De Jure v. De facto discrimination Affirmative Action Regents of the University of California v. Bakke (1978) Grutter v. Bollinger (2003)

Supreme Court Analysis of Discrimination Claims Strict Scrutiny Intermediate Scrutiny Rational-basis

Equal Protection Analysis

All of the following are differences between rational-basis test and strict scrutiny EXCEPT: A. Strict scrutiny is used to evaluate discrimination against a suspect class; rational basis is used in many other discrimination cases. B. Strict scrutiny requires a compelling governmental interest; rational basis requires a legitimate governmental interest. C. Strict scrutiny requires that a law be narrowly-tailored; rational basis only requires that it be related to the government interest. D. Strict scrutiny burdens the claimant (citizen) to discredit the law; rational-basis burdens the government to justify the law. E. Strict scrutiny is used in cases involving fundamental rights; rational-basis is used with other regulations.

Other Minority Groups Gender Age Sexual Orientation Disabilities