The substance of Justice Chapter 10

Learning Objectives Define civil rights and civil liberties. Discuss issues in civil liberties in Texas, including freedom of expression, freedom of religion, the right to bear arms, and abortion. Describe issues in civil rights in Texas, including issues of school segregation, education, and civil rights for convicted criminals. Discuss the way recent episodes in Jasper and Tulia illustrate both progress and continuing problems with civil rights in Texas. Assess capital punishment in Texas. Evaluate tort laws in Texas.

Civil Liberties Basic individual freedom from government interference Both U.S. and Texas constitutions have guarantees Traditionalist culture in South less likely to give these freedoms Discussion: Why has Texas struggled with extending these freedoms?

Freedom of Expression How best to define? Gitlow v. New York (1925) Protections in U.S. Constitution required of states Texas v. Johnson (1989) Flag burning is expression Unpopular speech requires the most protection

Freedom of Expression 2003 Anti-war protestors Discussion: How did their protests differ from Johnson’s?

Freedom of Religion U.S. Constitution’s First Amendment protects religion Interpretations fall to the courts Religious Freedom Restoration Act In schools Santa Fe football case Pledges of allegiance

The Right to Keep and Bear Arms Majority of Texans believe both U.S. and Texas constitutions guarantee “right to keep and bear arms” Question of which kinds of arms remains Texas fairly permissive of private gun ownership 2011 legislative session

Abortion One of the most divisive political issues Roe v. Wade (1973) Abortion rights based on right to privacy Texas policies tend to be strongly pro-life Recent laws

Civil Rights Right of members of all groups to be treated equally Influence of traditionalist culture Discriminatory laws—Black codes, Jim Crow, etc. Overturned by federal, not state, courts

School Segregation Brown v. Board of Education (1954) Texas school districts fought desegregation Great majority of districts legally integrated Citizens of different economic classes may still be separated

Education: A Basic Right? Edgewood v. Kirby (1987) Huge disparities in value of taxable properties drove unequal funding “Robin Hood” law Wealthy districts sue “In effect” a state property tax State response

Jasper and Tulia Murder of James Byrd Conviction by integrated jury Hate crimes bill Arrest and conviction on drug charges of 46 in Tulia Subsequent pardon, release

© AP Photo/David J. Phillip. John William King, front, and Lawrence Russell Brewer are escorted from the Jasper County courthouse Tuesday, June 9, 1998. King, Brewer, and Shawn Allen Berry were convicted of first-degree murder in the death of James Byrd Jr., who was tied to a truck and dragged to his death along a rural East Texas road. p. 334. © AP Photo/David J. Phillip.

2011 Legislative Session Discussion: Should Texas pass sanctuary cities legislation?

Civil Rights for Convicted Criminals Even when incarcerated, prisoners retain some civil rights In 1972, prisoner David Ruiz alleged inhumane treatment Federal judge W. W. Justice put Texas prisons under federal supervision until 2002

Capital Punishment Texas leads the nation in executions Overwhelmingly supported Unconstitutional for minors Handling of appeals still an issue Discussion: is capital punishment justified?

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Torts and Tort Reform Tort—a lawsuit about a civil or private wrong or injury Punitive damages Limits on awards in Texas Office of Patient Protection? Discussion: Is tort reform just preventing frivolous lawsuits or allowing abuse of consumers?