Civil Rights and Civil Liberties

Notable Vocabulary Civil Liberties Civil Rights Selective incorporation Establishment Clause Free Exercise Clause Clear and present danger test Writ of Habeas Corpus Exclusionary Rule Affirmative Action Miranda Warnings

Include laws against racial and gender discrimination Are policies designed to protect people against arbitrary or discriminatory treatment by government officials or individuals Include laws against racial and gender discrimination Are legal and constitutional rights that protect individuals from the government The first ten amendment in the constitution (Bill of rights) Include freedom of speech, religion, press, as well as assembly

Bill of Rights Contained a number of specific rights and restrictions on government authority which is essential for democracy The courts are the ones who interpret the meaning of these liberties depending on the case Barron vs. Baltimore- the Bill of Rights restrained only the national government and not the states or cities

Fourteenth Amendment (1868) EX) Gitlow v. New York (1925) - court relied on 14th amendment to decide that state government must respect some First Amendment rights Included guarantees of privileges and immunities of citizens, due process of law, and equal protection of the law, and applied these guarantees against the states

Freedom of Religion Free Exercise Clause Guarantees the free exercise of any religion however there are some limits on it This clause clashes with with society’s other values e.g. the Amish (Wisconsin v. Yoder) 1972 Religious Freedom Restoration Act of 1993- tried to overturn this ruling but later found unconstitutional Establishment clause “Congress shall make no law respecting an establishment of religion.” Created a “wall of separation” between the church and state Major cases are: Lemon v. Kurtzman Engel v. Vitale

Freedom of Expression There is a line between permissible and impermissible speech, require the balance of freedom of expression vs. values like public order and national security Nonverbal communication are considered symbolic speech and is protected by the 1st amendment while actions are not protected Prior restraint: government’s action that prevent material from being published (Near v. Minnesota)

CONT. Free speech and public order Commercial speech (advertising) is more restricted than are expressions of opinion on religious, political, or other matters Federal Communications Commision (FCC): decides what kinds of materials may be advertised on radio and television, and regulates the content of advertising. Free speech and public order Schenck v. United States (1919): s declared that government can limit speech if it provokes a clear and present danger

Freedom of Assembly Right to assemble: the individual right or ability of people to come together and collectively express, promote, pursue, and defend their ideas. The Supreme Court has generally upheld the right of any group to peaceably assemble on public property. Right to associate - freedom to associate with people who share a common interest The right to associate includes the right to meet with people who want to create political change

Defendant’s Rights The Fourth Amendment is specific in forbidding unreasonable searches and seizures. No court may issue a search warrant unless probable cause exists to believe that a crime has occurred or is about to occur The Fifth Amendment prohibits forced self-incrimination Suspects cannot be compelled to provide evidence that can be used against them (Miranda v. Arizona) The Sixth Amendment has always ensured the right to counsel in federal courts also ensures the right to a speedy trial and an impartial jury. The Eighth Amendment forbids cruel and unusual punishment

Right to Privacy It’s an implied guarantee of the Bill of Rights Controversial issues include: abortion, technological developments like in-vitro fertilization, and the right to die Roe v. Wade (1973) : allowed the states to ban abortion during the third trimester except when the mother’s life was in danger.

Civil Rights

Government and equality Declaration of Independence “All men are created equal”. The foundation was built of equal opportunity, but the U.S. political culture does not support economic equality. The Constitution “Equality” is never really used or defined in the Constitution or in the Bill of Rights. However the fourteenth amendment forbids the states from denying someone “the equal protection of the laws”.

continued... Supreme Court Ruled that government must have the power to reasonably classify people and groups. For example a reasonable classification are denying citizens under the age of 18 to vote. Ruled that classification of race is a very delicate scenario so it must meet a strict scrutiny test

Struggle for Racial Equality Influential court cases Dred Scott v. Sandford Ruled that Black People weren’t citizens so therefore could not petition the court. Also established the principle that the US congress could not limit the spread of slavery. Plessy v. Ferguson “Separate but equal”. Ruled that segregated facilities were constitutional as long as they were “equal” which strengthened segregation.

continued... Brown v Board of Education Ruled that racially segregated schools violated the equal protection clause of the 14th amendment. Therefore reversing “Separate but equal”. Civil Rights Act of 1964 Brought an end to an 83 day filibuster, which ended Jim Crow segregation, prohibited discrimination in employment on any basis, desegregated public facilities and schools.

Struggle for African American Voting Rights Attempted Prevention of Black Voters Poll taxes, which required voters to pay in order to even vote. Literacy tests required voters to pass a difficult reading comprehension test before even being allowed to register to vote White primaries which excluded Black voters to vote in the primary elections. With all these limitations by 1960 only 29% of African Americans of voting age were registered in the South. While 61% of whites were registered.

Continued... Resisting the oppression forced on Black voters 24th Amendment (1964) prohibited poll taxes in federal elections. 1966 the supreme court voided poll taxes in state elections. Voting Rights Act of 1964 which outlawed literacy test and other discriminatory practices which caused the disfranchisement of Black voters This all led to an increase of Black voters and the number of Black elected officials.

Women’s Struggle for Civil Rights Original Status Women had no political rights Women were forced into a male dominated system of family Women were not allowed to acquire an education or a career “The paramount destiny and mission of women are to fulfill the noble and benign offices of wife and mother. This is the law of the Creator.”

continued... Progress for women Seneca Falls convention led by Elizabeth Cady Stanton which called for the abolition of legal, economic, and social discrimination against women. Nineteenth Amendment was passed in 1920 guaranteed women the right to vote. Equal Rights Amendment was almost ratified which would’ve given all citizens equal rights despite gender.

Affirmative Action Background In 1965 President Johnson issued an executive order requiring contractors and union that do business with the federal government to hire minorities. This policy requires federal agencies, Universities and most employers to cooperate in order to get past discrimination.

Continued... Supporters Critics Makes up past injustices to level the idea of “fair” Increasing number of women and minorities in desirable jobs is an important social goal Critics Unfairly penalizes members of the majority group. Should promote equal opportunity not equal results.